The Yard

MEMBER ACCESS
a) All members must swipe or present their card at reception every time they attend the Club. If a member arrives without their access tag or band, the member is required to present to Reception to have their account verified. The member will then be manually let into the facility. A member MUST NOT attempt to gain access by stepping over the gate. Fines and penalties may apply should a member be deemed breaching this clause.
b) For unrestricted access, to always access the facility, all members must be 17 years of age or above.
c) In the event a member is 16 years of age and holds an individual membership, access to the Club during staffed hours is only permitted. For access to the Club outside of staffed hours, special requests can be made to Management for consideration.
d) In the event a member is under the age of 16, but over the age of 14, adult supervision from an accompanying Club member over the age of 18/parent/guardian is required to gain gym access or attend group fitness classes, and in the case of the Bibra Lake facility, the Aquatic Recovery Zone.
e) The minimum age for gym access and group fitness classes is 14 years and above, accompanied as per above.
f) Members are to advise any changes to contact details such as address, phone number and email.

2) GENERAL CONDITIONS OF ENTRY
a) We will refuse entry or request any person to leave the premises if the person.
i) is abusive or uses offensive language or where their behaviour is threatening/intimidating or
ii) is under the influence of drugs or alcohol.
b) No smoking permitted in or around the Club. To ensure the Club is able to provide a high level of service in a safe, healthy and pleasant environment for all, we ask our members to comply with these conditions.
3) GYM / GROUP EXERCISE /AQUATICS (APPLIES TO BIBRA LAKE ONLY) AREA CONDITIONS
a) Sweat towels are to be always used.
b) Weights MUST be returned to their correct place after use.
c) Correct training attire and runners to be worn in gym – no work clothes, boots, sandals, thongs, or clothing. Suitable attire that is not likely to cause offence to others must also be worn.
d) Top and bottom clothing to be always worn. In the event of a member utilising the Aquatic Recovery Zone, suitable swim attire must be worn.
e) No food allowed in the gym or group exercise classes.

4) GROUP FITNESS / RFX / REFORMER CLASSES
a) No entry will be permitted to a class 5 minutes after allocated start time and/or warm up has concluded.
b) For entry to be granted to a group exercise class, the member must have prior to the scheduled class time have booked into the Class. Our preferred means for booking into Classes is via the Roar app.
c) Members are solely responsible for the booking of their classes. Non-attendance or lack of ability to get into a nominated class, does not warrant any refund or reimbursement of credits.
d) Members can make one (1) online reservation per class category per day.
e) Bookings for Premium Services open 7 days in advance.
f) Bookings for Group Fitness classes open 5 days in advance.
g) Members can change or cancel an existing reservation up to 12 hours prior to the start of a class without penalty. If you cancel less than 12 hours prior to the start of a class, a Late Cancel mark will be applied.
h) All members are required to check in/tag in at the nominated Class access point to avoid a member receiving a No-Show mark against their name.
i) Members are required to be present at the commencement time of a class to avoid an allocated spot being given to another member wishing to take part in the class.
j) All class spots are available for online reservation up until 5 minutes before class start time.
k) Members who accrue two (2) Late Cancels and/or No Shows marks within 7 days will not be able to make online reservations for a period of one (1) week.

5) LOCKERS (WHERE AVAILABLE)
a) All items stored in the lockers are at your risk and we do not accept responsibility for items lost, damaged or stolen.
b) Bags are not recommended in the Club or Group Fitness rooms except to be placed in lockers / pigeonholes provided.

6) CANCELLATION OF MEMBERSHIP
a) COOLING OFF PERIOD
i) The cooling off period commences at the close of business on the date of signing.
ii) The cooling off period is 7 days, or the equivalent of seven (7) days.
iii) New members have the right to cancel their membership within the cooling off period if they are not completely satisfied with the services and programs provided by Roar Active.
iv) Any membership fees that have been paid are eligible for a refund.
v) A refund can be provided for any access tag or band purchased should a member not wish to retain this for later use.
vi) The $10 administration charge is not refundable. vii) All cancellations must be in writing to the Club within the cooling off period.



b) DIRECT DEBIT OUTSIDE OF CONTRACT COMMITMENT PERIOD
i) Cancellation requires 30 day’s notice and must be given in writing. Our preferred means for any cancellation request is via a Membership Variation Form provided by staff upon the cancellation request.
ii) Cancellation will only be accepted if the membership fees are up to date or arrears are paid in full at the time of cancellation.
iii) Members within the 30-day notice period will incur all scheduled billing debits within the notice period.
iv) Access to the facility across this time is permitted.
v) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.

7) DIRECT DEBIT INSIDE OF MINIMUM TERM CONTRACT
a) The minimum term commitment of the contract must have lapsed, aligning the contract with the set agreed contract date, unless the cancellation occurs within the seven (7) day cooling off period.
b) A cancellation request inside of a minimum term contract will only be permitted for the following two (2) reasons:
c) LONG TERM ILLNESS / INJURY
i) A long-term illness or injury that precludes physical exercise that is supported by a medical certificate issued by a Specialist Practitioner will be permitted at Managements discretion. A GP notice of “unfit for the gym” will not be sufficient to break the minimum contracted term.
ii) Accompanying this medical certificate, a cancellation within the minimum term contract due to long term illness or injury, will also require a paid notice period of 30 days and must be given in writing on a Membership Variation Form.
iii) Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.

d) RELOCATION
i) A permanent move in residence (greater than 10km from any Roar Active facility) that is supported with a proof of new residence notice (i.e., Utility notice, Change of Address notice etc) will be permitted at Managements discretion.
ii) A cancellation within the minimum term contract due to relocation will require a notice period of 30 days and must be given in writing on a Membership Variation Form.
iii) Members within the 30-day notice period will incur all scheduled billing debits within this notice period.
iv) For a cancellation to take effect, the payments across the notice period must debit successfully and not reject. In the event that a payment rejects, the member account will not close down at the conclusion of this notice period, thus the membership will also not cancel down. Additional fees may also apply.

8) PAID IN FULL MEMBERSHIP CONTRACT
a) A member, should they enter in to a Paid in Full (PIF) membership type, cannot cancel their membership within the period the membership is paid in full.
b) Any changes to a PIF membership, will only be at Management’s discretion.
c) There is no refund permitted for any unused portion of membership fees paid in advance that are unused.
d) Upon the renewal date of a PIF membership, the member will be given the option to renew their membership. If the member chooses not to, then membership held will automatically close down at the conclusion of the Paid in Full period.
e) As a PIF membership expires at the conclusion of the PIF term, there is no request to cancel that needs to be made.

9) REVOKE OF MEMBERSHIP CANCELLATION
A member, at any stage during their 30-day notice period to cancel, can revoke on their request to cancel by seeing a Membership Variation Form is completed. Upon receipt of this request, the cancellation will be revoked immediately meaning all past cancellation requests become null and void. At any stage the member then wishes to terminate their agreement again, a new 30-day notice period applies.

10) COMPANIES RIGHT TO TERMINATE MEMBERSHIP AGREEMENT
a) The company, if a member fails to act in accordance with any obligation under this agreement and/or the club ‘Terms of Use’ displayed throughout the facilities, can proceed to terminate a membership held by any member.
b) If the company cancels this agreement on the grounds specified above, no payments made for the sign-up fee, membership fees, the cancellation fee and any other fees payable for further fitness services already supplied leading to the date of termination, will be refunded.
c) Roar Active may cancel membership by written notice to the member on grounds of indecent behaviour, harassment and/or bullying or disregard to equipment and other members. If a member
fails to treat the Club and its members with respect, their membership will be terminated immediately.

11) SUSPENSION
Suspensions may be possible under the terms of this agreement:
a) For any suspension request, a minimum of 72 hours is required to allow time for processing, a Membership Variation Form must be completed.
b) Suspension due to medical reasons are subject to individual consideration and may incur charges (see below). Evidence (medical certificate) is required to be provided and will only be permitted at Managements discretion.
c) Members who require extensions to their suspension time must inform the Club a minimum of 72 hours before the end of their suspension.
d) Membership suspension time will not be approved if the respective member’s payments are not current and up to date.
e) A suspension fee of $0.71 per day will be charged in replace of the membership direct debit contracted amount, this amount to be paid in line with the regular debit frequency as per the member contract.
f) The minimum suspension duration is a two (2) week period, with a maximum of twelve (12) weeks per membership year.
g) In the event the membership is within the initial commitment period of the contract agreement, for the duration the membership is suspended for, the contract will extend out for this period taken under suspension to see the minimum contractual payments adhered to. (h) In the event the member has opted for a membership that is a Paid in Full membership (PIF), normal suspensions rules and charges apply. (i) For any time taken under suspension in this PIF membership type, the membership will extend for the same length of the duration of the suspension.

12) VARIATIONS
A member is able to variate their membership given the following clauses are adhered to:
a) Member completes a Membership Variation Form requesting for a nominated change to their membership type.
b) In the event a member wishes to upgrade their membership to a Premium service (Active / Active Plus or Active Black) a member can do this (at any time) providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made.
c) In the event a member wishes to downgrade their membership to a lower service offering, a member can do this providing that their membership fees are up to date, or arrears are paid in full at the time the variation request is made. In conjunction with this, providing that the member is outside their contracted minimum commitment period, a 30-day paid notice period to downgrade will apply at the current contracted price before the variation will take effect.
d) In the event the member wishes to variate but is still within their contracted minimum commitment period, the remaining term of the member contract will apply before the downgrade can take effect, with the exception of variating between a Premium service of either Active /Active Plus or Active Black.
e) In the event a member wishes to variate outside of the Premium services, and that the remaining minimum commitment period is greater than the 30-day period required to variate, the downgrade will not take effect until this period lapses.
f) In the event that a member wishes to variate outside of the Premium services, and that the remaining minimum commitment period is less than the 30-day period required to variate, the 30day notice period to variate will apply from the date of the variation request stated on the Membership Request Form.
g) Once a member downgrades to a new membership type, a new minimum commitment period will commence.
h) A member cannot variate down to a lesser membership type due to grounds of not being able to book into classes on their preferred days and times. In the event this is the case, the member must see out the full contract conditions as agreed to when entering into their membership agreement.


13) ONGOING MEMBERSHIP AGREEMENT
a) All contracts, unless otherwise stated, are deemed to be “ongoing membership agreements.” The agreement will continue until either the member or Roar Active terminates it in the way described in the agreement. If an automatic debit arrangement is in place, membership fees will continue to be debited from the member’s nominated credit card or bank account until the member or Roar Active cancels the arrangement. If the member terminates the agreement or chooses to stop the automatic debit arrangement in a manner not described in the agreement, the member will be liable to the Club for damages for breach of contract. Each rejecting debit will further incur a $10 rejection fee.

14) TRANSFER OF MEMBERSHIP
a) Transfer of membership will only be permitted from a member to a non-member.
b) All transfers will incur a Transfer Fee of $40. Additionally, a charge of up to $80 for a new access band or tag for the new member
c) A minimum of 90 days or more must remain on your contract term to be eligible for transfer.
d) Membership fees must be paid up to date.
e) Both parties involved in transfer must be present at time of transfer.
f) Concession memberships are not transferable unless the new member accepting the new transfer is eligible to receive the concessional discount.
g) Promotional memberships are not transferable.

15) REPLACEMENT CARD FEE
a) If a Membership Band or Card is lost or destroyed and requires replacement, a Replacement Band or Card Fee of $40 will apply.

16) ADDITIONAL FEES FOR SPECIAL SERVICES
a) Some services require an additional fee, these include Personal training, Crèche and Premium assisted training programmes.

17) DAMAGE TO THE CLUB
a) Any member who wilfully or through their negligence damages the Club or its property, will be liable to pay for the damages incurred. Members are also responsible for damages caused by their guests and children. Failure to comply with the repayment of the damages incurred, will see the matter referred to the relevant authorities.

18) SAFETY MAINTENANCE & SERVICE DEMAND
a) The Club may from time to time as reasonably necessary:
b) close off any part of the premises or isolate any piece of equipment for maintenance or safety reasons.
c) change the hours of opening and closing or alter class timetables in accordance with demand; or d) vary Club rules.
e) Whenever once of the instances detailed above occurs, the Club will endeavour to provide reasonable notice.

19) DAMAGE & PERSONAL INJURY DISCLAIMER
To the extent permitted by law, the Club excludes any liability to the Customer in contract, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Customer and/or any other person, or for any costs, charges or expenses incurred by the Customer, arising from or in connection with this Membership Agreement and/or the services/products provided by the Club, and/or any act or omission of the Club. You are solely responsible for any damage, which you may cause, to Roar Active, its facilities, services, products or equipment, if such damage is caused by your wilful act and/or negligence.

20) DAMAGED, LOST OR STOLEN PROPERTY
Roar Active is not responsible for personal property that is damaged, lost or stolen while in or around the Club location.

21) BREACH OF TERMS & CONDITIONS
At Managements discretion, any breach of these terms and conditions may result in the member being warned in relation to their breach of a term and condition. Any further breach to the Club terms and conditions could result in a second warning being issued to the member, with their respective membership also being suspended or terminated. All decisions are final, and no further discussion will prevail.

22) PHOTOGRAPHY AND VIDEOGRAPHY PERMISSION
No professional photography / videography is permitted in the facility without written consent from Club Management.


23) PRIVACY
We will protect all member information and only use, disclose, or deal with this information in accordance with the Australian Consumer Protection policies. It is a requirement as a member to ensure that all contact details remain up to date. All members must agree to promptly inform the Club of any changes to their address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to a membership. All emergency contact details must be relevant and up to date in case of emergency.

24) PRICE INCREASES & FUTURE CHANGES
Roar Active may at any time AFTER the end of the minimum commitment term of a member, upon sending written notice to the member’s last known address and giving 14 day’s notice, increase the instalment amount. If the member wishes to terminate this Contract as a result of the increase in the instalment amount, the member must notify Roar Active in writing within 14 days of the date of the written notice sent by Roar Active. The Contract will be terminated upon receipt of this notice. If the member does not notify Roar Active of its intention to terminate this Contract within such specified time, then this Contract will remain in force and the increase in the instalment amount will be deemed to be accepted by the member.

25) DATABASE OWNERSHIP
Roar Active is independently owned and operated, consequently the databases remain the property of Roar Active only.

26) MEMBERS INDUCTION
To mitigate risk and ensure that each member correctly operates or uses any of our facilities, services, products or equipment including the adjustments of levels or setting on any equipment, all members are encouraged to undertake an instructional consultation with a personal trainer before use. On acceptance of these terms and conditions, the member that has entered into this agreement understands that an initial introduction to the Club facilities is a recommendation for each members own safety prior to using the Club facilities.

27) VIDEO MONITORING
Roar Active uses remote video surveillance in our facilities for health, safety and security reasons which is monitored 24/7 by emergency services and Management Staff. If is as a member there are any queries in relation to the use of monitors operating in and around our facilities, the member is encouraged to contact the facility.

28) UNSTAFFED HOURS
All members, on acceptance of these terms and conditions, understand that outside of staffed hours, that as a member they will be utilising the facility without supervision. It is highly recommended for members to train with another member and utilize the duress alarms or pendants where available. In the case of an emergency, we strongly recommend the member opts to wear a pendant and know the location of the duress alarm devices during their time in the Club.

29) BRINGING A GUEST TO THE CLUB
Members can bring a guest to the Club for free on the Roar Active’s one (1) day trial system on the conditions of.
a) Guest is eligible for one, (1) day trial only.
b) Trial must be preorganised with a staff member and approved by staff
c) Guest must commence and complete their work-out and have left the club within staffed hours only. Access will not be approved outside of staffed hours.
d) If a member wishes to bring a non-member into the Club unannounced or in non-staffed hours, the member will be billed $150 from their account for breaching the ‘Terms of Use’ of the Club.
e) If a guest pass for a guest visiting with a member is requested, a $20 casual fee will be applicable.
f) All guests must sign into the Club by filling out the Guest Register at Reception and completing Guest Waiver.
g) By agreeing to the terms and conditions, the member agrees to not allow any non-member to use their membership access card and understands that if the member does, they will be liable for the above mentioned $150 fine. In conjunction with this, the member access tag/card may be deactivated with a $60 fee charged to re-activate the card. Zero tolerance will be granted if you are found to let a non-member into the Club.

30) RELEASE OF LIABILITY
Members acknowledge that the services and/or programs purchased hereunder, includes participation in strenuous physical activities, including but not limited to, running, weight training, stationary bicycling, gymnastic movements, various aerobic conditioning machinery and various nutritional guidelines offered by Roar Active. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee, lower back, foot injuries and any other illness, soreness, or injury, however caused, occurring during or after client’s participation in the physical activities. Member further acknowledges that such risks include but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a member, or an unknown problem of the member.
Member agrees to assume all risk and responsibility arising from participation in the physical activities. Member affirms that they are in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Member acknowledges participation will be physically and mentally challenging and agrees that it is the responsibility of the member to seek competent medical advice regarding any concerns or questions concerning their own ability to take part in Roar Actives physical activities. The member agrees to assume all risk and responsibilities for exceeding his or her limits. The member, along with their next of kin, waives any claims against and releases Roar Active, as well as any of its owners, employees, or other authorised agents, including independent contractors, from any and all liability, claims and/or causes of action that the member may sustain for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in Club activities, including, but not limited to the services, programs and physical activities.

31) GOVERNING LAW
a) This Agreement shall be governed and enforced in accordance with the laws of the State of Western Australia. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Roar Active and member agree that the venue for such action shall exclusively be Perth, Western Australia.
b) Recent government mandated rulings have meant that the facility must adhere to the direction given by the WA State Government, this including but not limited to COVID-19 and other unforeseen circumstances. Membership obligations and Club terms and conditions will still apply unless otherwise advised by the discretion of the Club.

32) DEBT COLLECTION
The member shall pay for all costs incurred by Roar Active (including costs for which Roar Active may be contingently liable) in any attempt to collect any monies owed by the member to Roar Active. Under this Agreement, debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis, will all be deemed liable by the member.

33) PAYRIX SERVICE AGREEMENT
Please refer to the member PAYRIX Agreement for further terms and conditions.