1. Membership Agreement
1.1 By completing a membership application form, the person listed in the application makes an offer to become a member of Hyper Performance. Hyper Performance may accept or reject an application in its sole discretion.
1.2 If Hyper Performance accepts an application form (Application Form), Hyper Performance, the person listed (Member), and a Legal Guardian if the Member is under 18, agree to be bound by these Terms & Conditions (“T&Cs”), the Membership Schedule, the Application Form details, and the Direct Debit Agreement (together, the Agreement).
1.3 The Application Form will state which club the Member has joined (Club) per the Membership Schedule. Here, “Hyper Performance” refers to the entity tied to that Club.
1.4 Under this Agreement, Hyper Performance will provide to the Member the benefits applicable to the selected membership (Membership Inclusions), as detailed in these T&Cs (Services).
1.5 Services are limited to the Club listed in the Membership Schedule.
1.6 This Agreement takes effect from the date the Application Form is signed and accepted by Hyper Performance (Signed Date), and continues until the Membership is effectively cancelled under these terms (Term).
2. Membership Term
2.1 The Membership begins on the Start Date in the Application Form and continues for the specified Membership Period, which may be one of:
A fixed minimum commitment period of 3 or 6 months (Committed Membership);
A fixed period of 3 or 6 months that has been prepaid in full (Prepaid Membership); or
A zero-contract (rolling) Membership.
2.2 For Committed Memberships
Automatically converts to a zero-contract Membership after the minimum commitment unless the Member gives written notice at least 30 days before the end of the committed period.
The weekly fee remains the same as paid during the committed period.
Commitment extends by any suspension period, Freeze Period, or Free Period Incentives.
2.3 For Prepaid Memberships
Does not renew automatically; cancelled at the end unless parties agree otherwise in writing.
If converted, the weekly fee is pro-rated equivalent to the prepaid amount.
Prepaid term extends by any suspension, Freeze, or Free Period Incentives.
2.4 For Zero-Contract Memberships (including converted ones), either party may cancel by giving at least 30 days’ written notice.
3. Membership Fee
3.1 Membership Fees
Committed Memberships: as stated in the Application Form, via direct debit.
Prepaid Memberships: payable upon sign-up as stated in the Form.
Monthly Memberships (or converted ones): per Application Form or conversion terms.
3.2 Fees are paid weekly in advance from the Start Date.
3.3 Committed Memberships are subject to a minimum number of payments.
3.4 Monthly Memberships require at least two payments.
3.5 Hyper Performance may adjust fees for Monthly Memberships by giving 60 days’ written notice, giving the Member the option to
cancel.
3.6 The Member must keep payment details updated and ensure funds are available; failed debits may incur additional reasonable
costs.
3.7 If the fee cannot be collected, Hyper Performance may suspend access to the Club and Services and may continue debits until
fees are paid.
4. Other Fees
4.1 No administration or joining fees apply.
4.2 The Admin Fee is due on the Agreement’s Sign Date.
4.3 The Admin and Join Fees are listed in the Membership Fee schedule.
5. Cancelling a Membership
5.1 Cancellation requests must be in writing with 30 days’ notice. The Membership cannot be frozen during the cancellation period.
5.2 All outstanding fees must be fully paid to process cancellation.
5.3 No cooling-off period applies.
5.4 Cancellation during a committed or prepaid term is allowed:
For illness/injury (with medical proof), a $75 cancellation fee applies.
For relocation beyond 20 km from any Hyper Performance club (with proof), serving the cancellation period plus $75 applies.
For convenience, a termination fee of 50% of remaining membership applies.
5.5 Termination Fee may be waived if the Member transfers the Membership to someone else (Transferee), for fixed terms of 12+
months with at least 3 months remaining. Pre-Sale Memberships are not transferable.
5.6 Transfers only apply to Committed or Prepaid Memberships—not Monthly ones.
5.7 Transfers to another Hyper Performance Club:
Member can request transfer in writing with supporting evidence; Hyper Performance will consider reasonably. New fees may apply.
Upon acceptance, new terms apply and new fees from the transfer date.
No termination fees for transferring.
6. Membership Add-Ons
6.1 Hyper Performance offers add-ons for extra services.
6.2 Each Add-On specifies included services, fees, and applicable T&Cs.
6.3 Add-Ons are paid in advance for the fortnightly period.
6.4 No minimum commitment; Members can cancel any time with written notice.
6.5 Access continues until the end of the paid period.
7. Health and Safety
7.1 Member acknowledges:
Some activities may not suit their circumstances or medical history.
Hyper Performance does not provide medical advice; medical consultation is Member’s responsibility.
Pregnant women, children, elderly, haemophiliacs, or those with impaired sweating should avoid heated activities.
The Member must decide whether to participate based on their circumstances.
7.2 By signing, the Member warrants they are in good health and have disclosed relevant medical conditions.
7.3 Members must not use equipment or activities they are uncertain about; they can ask Hyper Performance staff during opening
hours.
7.4 Members must not engage if they have contagious or physical conditions, such as open wounds, that could pose a risk.
8. Member’s Responsibilities
8.1 Members must:
Comply with all applicable laws.
Follow these T&Cs, the Membership Schedule, and the Hyper Performance Member Rules.
Follow lawful directions of Hyper Performance staff.
Notify Hyper Performance of any change in their application details, especially medical or material changes.
Inform Hyper Performance of any relevant membership matters.
Not harm Hyper Performance’s reputation.
8.2 Unless agreed otherwise, Members must not use the Club to:
Promote or sell goods/services (e.g., personal training) to others.
Recruit for political, religious, media, or business purposes.
9. Hyper Performance’s Right to Make Changes
9.1 Hyper Performance may change its operations, Membership Schedule, Member Rules, or T&Cs:
Without notice, if changes don’t materially harm Members.
With 60 days’ written notice if changes may cause material detriment.
9.2 Members may cancel during the Change Notice Period (even if minimum term isn’t complete), with cancellation effective at the
end of that period.
9.3 If cancellation isn’t done within that period, changes are accepted and take effect thereafter.
10. Goods and Services Tax (GST)
10.1 Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 apply.
10.2 All amounts include GST unless stated.
10.3 Parties must provide valid tax invoices and documentation for GST claims.
10.4 If an adjustment arises, parties adjust payments accordingly.
10.5 If paying third-party expenses, those are inclusive of GST, reduced by input tax credits.
10.6 This clause survives termination.
10.7 All amounts are in Australian Dollars unless stated.
11. Facilities
11.1 Hyper Performance may limit access to parts of the Club for cleaning, repairs, or upgrades, and will try to notify Members in
advance for non-urgent issues.
11.2 If access is materially impacted for over 3 consecutive days, the Member may request a credit for the affected period.
11.3 If the Club is fully closed for more than 7 days, either party may suspend the Membership; fees are paused. If closure exceeds 6
months, either party may terminate the Agreement.
12. Personal Property
12.1 Members are responsible for their belongings; Hyper Performance isn’t liable unless due to its negligence.
12.2 Lockers are for temporary use during opening hours; Members must secure them and remove items before leaving. Items left
overnight may be removed, and Hyper Performance may access lockers as needed.
12.3 Hyper Performance is not responsible for vehicles or property in car parks as these are not operated by them.
13. Membership Freeze
13.1 Members may freeze membership up to twice per year, for 7 days to 2 months total, provided:
a. No cancellation during Freeze.
b. Freeze isn’t during cancellation period.
13.2 No fees apply during a freeze.
14. Free Period Incentive
14.1 Members may receive access without payment for an initial Free Period Incentive.
14.2 This Free Period is not included in the Membership Term and does not reduce total payable amount.
15. Termination
15.1 Agreement ends automatically upon Membership cancellation under clauses 2.2, 2.3, or 9.2.
15.2 Either party may terminate immediately with written notice for unremedied material breach or insolvency.
15.3 Hyper Performance may terminate immediately for breaches of Member Rules, non-payment within 28 days, harmful behavior,
theft, or fraud.
15.4 If terminated by Hyper Performance:
Member must pay pro rata fees and any other unpaid amounts within 7 days.
Member must remove property and return keys/access within 7 days.
Accrued rights remain.
15.5 If terminated otherwise:
Member must pay accrued pro rata fees within 7 days.
Hyper Performance must refund unused prepaid fees pro rata within 7 days.
Member removes property and returns access items.
Accrued rights remain.
16. Suspension
16.1 Hyper Performance can suspend Membership for a remediable default until it’s fixed.
16.2 During suspension, access is denied and fees are paused.
17. Limitation of Liability
17.1 This Agreement doesn’t exclude non-excludable consumer guarantees under Australian Consumer Law.
17.2 All implied warranties are excluded except those specified or non-excludable.
17.3 Neither party is liable for consequential losses.
17.4 For services deemed recreational, Hyper Performance isn’t liable for death or injury unless conduct is reckless.
18. Force Majeure
18.1 Force Majeure includes acts beyond reasonable control (e.g. disasters, pandemics, strikes, government action).
18.2 Obligations (except payments) are suspended during Force Majeure.
18.3 The affected party must notify the other promptly with details.
18.4 Fees are paused if a Force Majeure prevents access; if it lasts over 6 months, either party may terminate.
19. Privacy
19.1 Member acknowledges Hyper Performance collects personal information to:
Provide membership and services.
Operate the Club.
Process direct debits.
Send marketing offers (with consent if required).
Other purposes per the privacy policy.
19.2 Member consents to information being used for these approved purposes.
20. General
20.1 Notices must be in writing and sent per this Agreement.
20.2 Neither party may assign rights without written consent (not unreasonably withheld).
20.3 Variations (other than clause 9 changes) must be in writing and signed.
20.4 Waivers must be written and signed.
20.5 If part is void or unenforceable, it is severed, but rest remains valid.
20.6 Governed by laws of the Jurisdiction; parties submit to courts there.
20.7 This is the entire agreement, superseding prior discussions, but doesn’t affect consumer rights.
20.8 Parties are not in partnership, employment, or fiduciary roles; no binding authority is given.
21. Survival of Specific Clauses
Clauses 3, 7, 8, 12, 15.4, 17, 19, and 20 survive termination or expiry.
22. Definitions & Interpretation
22.1 Definitions include terms like Application Form, Committed Membership, Consumer Law, Freeze Period, etc.
22.2 Interpretation clarifies use of headings, plural/singular, gender, etc.