Member Login
Sign Up

New Movements Membership Agreement

This page includes both General and Membership Agreement Terms and Conditions, except for what is outlined in the specific Promotional Terms and Conditions. Unless otherwise stated and agreed in your Membership Agreement, this is an ongoing membership Agreement, and these Terms and Conditions will continue until either you or we terminate it in accordance with this Membership Agreement.

Terms and Conditions

Welcome to New Movement Fitness & Well-Being Hub. Here at New Movement it is our main focus to ensure the safety and well-being of all our members and staff, by understanding, agreeing and abiding with these conditions you help ensure a safe environment for not only yourself but other members and staff. We advise you only sign this Membership Agreement if you agree to obey with these Conditions. In the event of a discrepancy the information outlined in these Terms and Conditions can and will be used.

1. Introduction

By signing this Agreement, you understand and agree;

 

    1. You have been given a copy of this Agreement; and
    2. All Members and Non-Members must obey/abide with all outlined obligations in this Agreement;
    3. Terms and Conditions in this Agreement may be amended or added;
    4. You do not have any medical conditions that stop you from undertaking any normal course of exercise. If you have any medical conditions you need to provide a medical note before participating in any of our services to say you are fit for exercise; and
    5. You are aware that there is a level of risk participating in exercise and using our equipment that may pose a risk to your health, you use our facilities at your own sole risk;
    6. Authority will be granted to a third-party debiting company, Paychoice Pty Ltd. Paychoice Pty Ltd will direct debit from your nominated bank or credit card for any membership fees outlined in your membership contract or any other fees due that are outlined in these Terms and Conditions.

2. Definitions

In this Agreement unless the contrary intention appears:

 

    1. “Agreement” refers to the entire document that makes up your Membership Agreement which are both outlined in these Terms and Conditions and your Membership Agreement.
    2. “Terms” and “Conditions” refers to Terms and Conditions you must abide to in the Agreement.
    3. “New Movement” is the trading name for Legacy Fitness & Performance Pty Ltd, which all contracts are legally bound to.
    4. “Paychoice” refers to the third-party Direct Debit company.
    5. “Staffed Hours” refers to the hours in which are displayed on New Movements website that staff will be present.
    6. “24.7 Gym” refers to the place you have access to in your Membership Agreement.
    7. “You” and “Members” refers to whom is reading and understanding these Terms and Conditions to allow them to obtain a Membership Agreement with New Movement.
    8. “Facility, Gym, Hub, Premises” is referred to the place in which this Membership Agreement is allowing you access to.
    9. “NMI” refers to the New Movement Induction process which you have to complete prior to using any services within New Movement.
    10. “Non-Members” refers to those who are not members at New Movement and are simply guests visiting the gym within staffed hours.
    11. “24.7 Access Card” or “Membership Tag” refers to the electronic fob/ swipe card which all members must have to be allowed access in the gym.

3. Membership Agreement Terms and Conditions

You acknowledge the following;

 

    1. All memberships at New Movement are different, and individual Terms and Conditions may apply in conjunction to this Agreement;
    2. Personal training is available at New Movement however is not included in your membership. All services that our personal trainers provide is with a separate contract between you and the trainer. All fees payable for their services is directly to them, we do not take money on behalf of our personal trainers;
    3. New Movement is a 24.7 gym and is operational out of staffed hours. All members are permitted to use the gym out of staffed hours in accordance with clause 4 (subjected to clause 4.3);
    4. You enter New Movements facility at your own risk, you acknowledge we do everything possible to provide a safe environment for you;
    5. We do not give any guarantees that you will have access to classes or equipment at any particular time.

4. General Entry Conditions

    1. Once you have successfully agreed to all the Terms and Conditions, and completed and signed the relevant Membership Agreements you will then have access to our facility during staffed hours and out of staffed hours; (subject to clause 4.4 & 4.7);
    2. You only have access to services that are outlined in the Membership Agreement you choose;
    3. Before being issued a Membership Tag, a photo will be taken of you for safety and security reasons. Your photo will be stored in accordance to our privacy policy. All casual entry visits (i.e., Non-Members) are required to agree and sign these Terms and Conditions and provide photo identification before entry;
    4. Non-Members are only allowed to be in the gym in staffed hours. Non-Members must follow guidelines outlined in clause 4.6;
    5. All members must swipe their Membership Tag on entry to our gym both in and out of staffed hours;
    6. You cannot enter the gym out of staffed hours if you do not have your 24.7 Access Card;
    7. If you have lost your 24.7 Access Card, you must report it to reception immediately. You may purchase a new card during staffed hours at reception, you must provide valid photo identification.

 

4.1 Induction Process

    1. It is a mandatory process for all Members and Non-Members to undergo and complete a New Movement Induction (NMI) before entering the facility and/or commencing any form of exercise in our facility;
    2. NMI is an important part of ensuring you have the best possible information about our facilities and the procedure in the event of an emergency;
    3. NMI covers the following but not limited; 24.7 access, amenities, layout, parking, first aid, emergency procedures.

 

4.2 Refusal of entry

You may be refused entry or requested to cease training and leave the gym as a result of the following Conditions;

 

    1. Unpaid or outstanding membership fees outlined in your Membership Agreement; or
    2. You are under the influence of drugs or alcohol; or
    3. Smoking or vaping on New Movements property; or
    4. You are behaving in a threatening way or using threating or abusive language; or
    5. Bullying or discriminating other Members or staff; or
    6. Training without a towel or fully enclosed shoes; or
    7. Wearing inappropriate or offensive clothing; or
    8. Interfering or causing any trouble in/with any of our classes.

 

4.3 Illegal activity

At New Movement we do not tolerate any illegal activities on our premises, this includes but not limited to, the use or sale of steroids or performing enhancing drugs. We have the right to call the police and terminate your contract immediately if we catch you participating in these events.

 

4.4 Age Policy

    1. If you are under the age of 18 you may be eligible for a membership subjected to the following Conditions;
    2. All minors under that age of 18 must have consent and a signature from the minor’s parent/legal guardian on all Memberships Contracts, Agreements and Waivers;
    3. All minors must attend a safety induction and pre-screening consult where you will be assessed if you are eligible to be granted access to the gym;
    4. You must obey all safety instructions;
    5. If you are aged between 15 and 18 years you are only allowed to access the gym in staffed hours and must leave the gym immediately once staffed hours have ended;
    6. If you are aged 14 you are only allowed to access the gym in staffed hours while being directly accompanied by a parent, legal guardian or exercise professional;
    7. If you are 13 years and younger you can only have access to the gym while being directly accompanied by an exercise professional.

 

4.5 Photography

    1. Members and Non-Members are not permitted to film or photograph in the New Movement facility;
    2. By signing this Agreement, you are allowing us to use any images or videos captured in our gym that you may be in the background of for promotional related content on social media or other marketing sources.

 

4.6 Non-Members

    1. Only members have access to the New Movement facility out of staffed hours, it is not permitted to bring a Non-Member into the gym outside of staffed hours;
    2. All Non-Members must be signed in with reception and undergo the NMI process outlined in clause 4.1;
    3. Non-Members will only be granted access into the gym with Members buddy passes or free trials that have been authorised by New Movement; 
    4. If you breach any of the Conditions in clause 4.6;
    5. You accept full responsibility and liability and agree to release New Movement from all claims that may occur, including but not limited to, injury, illness, loss or damage to the Non-Member or caused by the Non-Member;
    6. You authorise New Movement to direct debit $50 fee for each Non-Member brought into the gym by you. This fee is for the loss suffered by New Movement due to the breach of your obligations. 

 

4.7 Unstaffed Hours 24.7 Operations

    1. All our Memberships grant access the gym out of staffed hours, subject to clause 4.4;
    2. Members who are unable to use the stairs in an event of an emergency will not be permitted in the facility out of staffed hours;
    3. Lift access will be unavailable out of staffed hours;
    4. Before receiving your 24.7 Access Card you agree to have completed all safety inductions and acknowledge and agreed to the Terms and Conditions outlined in this Agreement;
    5. You accept and acknowledge, that you will not use the emergency system inappropriately. You agree to cover all costs associated with deliberately using the emergency system for none life threatening events.

5. Use of Equipment

    1. To ensure the safety of yourself and others you must follow all instructions on the equipment and use for its intended purpose(s);
    2. If you are unsure how to correctly and safely operate or use equipment you must ask a qualified member of staff before using it;
    3. You are required to clean and return equipment to their original state after use, including but not limited to, bars, dumbbells, kettle bells, and plates;
    4. Must use a clean towel while using equipment and wipe down after use.

6. Pigeonholes, Valuables and Liability of Property

    1. Pigeonholes are available around the gym, but they are not secure. You leave your personal items at your own risk and acknowledge and accept all responsibilities for all personal items;
    2. New Movement is not liable for any loss or damage to personal property within the facility;
    3. For everyone’s safety, bags are not permitted on the gym floor;
    4. New Movement will not look after personal items whilst you are in the gym;
    5. We will not be liable for any damage or theft to your vehicles or its content parked in or around the New Movement facility.

7. CCTV

    1. By signing this Agreement, you acknowledge that you will be under video surveillance whilst in or around the facility. Security cameras are located over the entire gym to ensure member and staff safety and security purposes, this footage will be stored and used as evidence in the event of any breach or misconduct outlined in this Agreement or an external security breach.
    2. You give consent to being filmed under video surveillance for the above purposes and understand New Movement will store your image in accordance with its Privacy Policy.

8. Personal Injury and Damage

Whilst on the premises of the New Movement facility to the extent permitted by law, New Movement is not liable for any Member, or Non-Member, in Agreement, tort, statute or for any injury, damage or loss of any kind, including any liability for direct or indirect loss or damage, sustained by the Member, Non-Member, or any other person, or for any costs associated or caused by the Member signed in this Membership Agreement and for any services or products provided by New Movement.

9. Safety, Maintenance and Change of Services

You acknowledge that New Movement will sometimes need to make changes to the operations of the facility, these may include;

 

    1. Changing the operation hours of all services, including 24.7 Access;
    2. Closing parts of the gym or changing service availability for safety or maintenance reasons;
    3. Removing or closing of equipment for maintenance;
    4. Changing the General Conditions of Entry.

 

Where this occurs, New movement will provide a minimum notice of seven days on our website, social media and notice boards around the premises.

10. Privacy

    1. Personal information defined the in Privacy Act 1988 (Cth), will only be used by New Movement, Paychoice and Gym Master;
    2. New Movements Privacy statement can be found on our website newmovementperth.com.au
    3. Paychoice privacy statement can be found on their website;
    4. Gym master privacy statement can be found on their website. 

11. Payments

New Movement uses various third-party banking companies for membership direct debits, upfront payments, merchandise and other retail sales. All selected companies have different surcharges which get charged to each Member.

 

11.1 Payment by Direct Debit

Payment by Direct Debit is with Paychoice and the following Conditions apply;

 

    1. All members agree to pay their Membership instalments at the agreed rate and frequency outlined in their Membership option until this Agreement is terminated;
    2. By signing this Agreement, you give Paychoice the permission to direct debit out of your nominated bank account for all membership fees, outstanding balances and dishonour fees;
    3. You authorise Paychoice to notify any debit collection agency if payments are owing. Your payment contract is between the Member and Paychoice, in the event of a terminated Membership you will still be obligated to pay your debit. New Movement has no involvement in any pay disputes between the member and Paychoice fee’s and surcharges may apply;
    4. Direct debit surcharges are 0.77c per transaction and for Visa/Mastercard it is 1.6% and 3.5% for American Express, all members are required to pay these transaction fees as they are from Paychoice not New Movement.
    5. Dishonour fees of $8.80 will be charged to each member in the event of each failed payment.

12. Membership Fee Increases

Once your Memberships minimum term has expired then your membership fees may increase.

13. Membership Obligations

New Movement Memberships require you to;

 

    1. Advise New Movement if any changes are made to your contact details;
    2. Comply with all Conditions of entry and guidelines;
    3. Comply with any communication in the facility;
    4. Pay all fees agreed, ensure you have sufficient funds to cover all fees and advise New Movement of any changes to your nominated bank or cards;
    5. You must disclose to New Movement of any new/old health conditions that oppose a risk to your health while performing exercise in any way;
    6. If you have any health conditions that oppose a risk to your health while performing exercises you must provide a doctor’s note saying you are allowed to participate in all physical activity.

14. Special Conditions or Promotions for Certain Membership Types

All special conditions or promotions relating to your Membership type will either be stated in this Agreement under the relevant Membership type and/ or displayed on our website to form part of your Membership Agreement.

15. Membership Freeze

    1. You have the right to freeze your Membership Agreement (suspension of payments) at any stage for any reason for a minimum of 2 weeks as long as the total amount of frozen weeks does not exceed 6 weeks within a 12-month period.
    2. All Membership time frozen will be added to your minimum term so that the instalments payable for the minimal term stays the same.
    3. New Movement requests that you give at least 1 weeks’ notice of any request to freeze your Membership Agreement.

16. Cancellation/Termination

    1. Cooling Off Period
      • All Memberships are subject to a 48-hour cooling off period;
      • Cooling off periods are only valid to new Memberships; renewals do not receive a cooling off period;
      • Cooling off period commences from the date this Agreement has been signed;
      • All monies will be refunded if you cancel your Membership within the cooling off period;
      • If you wish to cancel your Membership within the 48-hour cooling off period, you must visit New Movement to request relevant cancelation form.
    2. Cancellation After Cooling Off Period
      • You may terminate your Membership Agreement before the minimum term in your contract after a 30-day notice period and the following steps have been completed;
        1. All payments and fees are up to date and paid for,
        2. Cancelation fee of $200 if 6 months or more is remaining on your contracts minimum term, or a cancelation fee of $100 if less than 6 months remaining on your contracts minimum term, is paid in full,
        3. You must visit New Movement to request relevant cancelation form to be able to terminate your Membership.
      • If you need to terminate your Membership due to permanent sickness or physical incapacity, New Movement requires a medical certificate that outlines you can no longer participate in physical activity or services due to permanent illness or physical incapacity.
      • New Movement reserves the right to terminate your Membership Agreement if you fail to abide by any of the Terms and Conditions in any way shape or form outlined in this Agreement.
    3. Open-ended (ongoing) Membership Agreements
      • If your Membership Agreement is an open-ended contract, by signing this Agreement you understand that once your minimum contract term is finished, fees will continue to be deducted from your designated bank account until you provide notice to terminate your Membership.
      • If your contract is a fixed term contract you acknowledge that once your minimum term is over your Membership Agreement will be terminated unless renewed by this date.
    4. Termination by New Movement
      • New Movement reserves the right to terminate your Membership Agreement in the event of the following.
        1. If you breach or fail to abide by any of the Terms and Conditions outlined in this Agreement; or
        2. To protect the health and safety of our members and staff; or
        3. Permanent closure to our facility.

17. CLASS BOOKINGS AND CANCELLATIONS

    1. All classes must be booked through our website, app or at reception to ensure you have reserved access to the class you wish to attend, you may attend any class without booking but is subjected to availability;
    2. New Movement do not guarantee availability for any classes;
    3. If the class is full and you still wish to attend you will be put on a waitlist and notified if any cancelations have occurred;
    4. If you are booked into a class and wish to cancel you must cancel through our online booking system at least 3 hours prior to the class commencement time. If the class is subjected to a waitlist, you will be charged a fee of $10 if you fail to attend or cancel less than 3 hours prior to the class commencement time.
    5. If your Membership does not included classes all casual fees must be payed upon booking.

18. Membership Types

At New Movement we offer two styles of Memberships to best cater for our members. You acknowledge and understand that all Membership Agreements have their own specific Terms and are in conjunction with all general Terms and Conditions outlined in this Agreement.

 

24.7 Gym Membership


Membership benefits and gym access are listed below;

 

    1. Twenty-four-hour access to our facility;
    2. Access to class areas outside of class times (these times will be posted on our website). New Movement reserves the right to stop you from training if you are interfering with any of our classes and may be asked to leave the premises if you are refusing to do so, see clause 4.2 for further information;
    3. Access to undercover secure parking;
    4. Access to member only app with free workouts, programs and more;
    5. Discounted class prices 20%;
    6. Discounted seminar prices 10%;
    7. Free body scan on new sign ups;
    8. Friday buddy pass.

 

Full Access Membership

 

Membership benefits and gym access are listed below;

 

    1. Twenty-four-hour access to our facility;
    2. Access to class areas outside of class times (these times will be posted on our website). New Movement reserves the right to stop you from training if you are interfering with any of our classes and may be asked to leave the premises if you are refusing to do so, see clause 4.2 for further information;
    3. Unlimited access to all classes in the Fitness Jungle and Movement Studio (see clause 17 for class bookings);
    4. Access to undercover secure parking;
    5. Access to member only app with free workouts, programs and more;
    6. Nutrition tracking and education;
    7. Accountability coaching;
    8. Discounted seminar prices 20%;
    9. 1 Free body scan per month;
    10. Friday buddy pass.

19. Friday Buddy Pass

  1. If you are to bring a Non-Member in our facility with your Friday buddy pass, they must agree and abide to all our Terms and Conditions, subjected to clause 4.6 and 4.4; 
  2. Friday buddy passes are only valid for one person and only permitted during staffed hours.

20. Promotions

Pre-Sale Stage 1: Ended on 6/3/2021

 

    1. Pre-Sale Stage 1 is limited to 150 new sign ups; 
    2. You will not be charged for a sign-up fee or tag fee;
    3. If you are signed up to one of our weekly direct debit Membership Agreements your 6 weeks free will be spread over a 12 month term and deducted from your weekly payable instalments;
    4. Once all 150 new sign ups have occurred this promotion will end and no longer be valid to future sign ups;
    5. All general Terms and Conditions in this Agreement are in conjunction with these Conditions;
    6. No monies will be taken until the New Movement Facility is open;
    7. By signing this Pre-Sale 1 Membership Agreement you acknowledge that New Movement proposes to open in January 2021, however, hold no responsibility for any delays.

 

Pre-Sale Stage 2: Date 6/3/2021- 12/3/2021

 

    1. Pre-Sale Stage 2 is limited to 150 new sign ups; 
    2. You will not be charged for a sign-up fee or tag fee;
    3. If you are signed up to one of our weekly direct debit Membership Agreements your 4 weeks free will be spread over a 12 month term and deducted from your weekly payable instalments;
    4. Once all 150 new sign ups have occurred or the expiry date of 12/3/2021 has past this promotion will end and no longer be valid to future sign ups;
    5. All general Terms and Conditions in this Agreement are in conjunction with these Conditions;
    6. No monies will be taken until the New Movement Facility is open;
    7. By signing this Pre-Sale 2 Membership Agreement you acknowledge that New Movement proposes to open on March 13th 2021, however, hold no responsibility for any delays.

 

HIT 92.9 Promotion Give Away

 

    1. New Movement and HIT 92.9 (“the promoter”) are giving away 5 free yearly Memberships from 14th of November 2020 – 25 December 2020 (“Promotional Period”);
    2. The free Memberships are only available to those who have won directly through HIT 92.9, the winner’s personal information will be passed on to New Movement;
    3. Winners must provide photo identification to redeem the free Membership. If your information doesn’t match the winners list from HIT 92.9 the Membership will be voided;
    4. The promotion 12-month, $0 fee charge for our exclusive full access Membership;
    5. This promotion is not to be claimed along-side other promotion deals that may occur at the time of this promotion. All promotions are based of our standard Membership prices and services;
    6. All free Memberships are valid for one year only, from the date of commencement;
    7. All promotion Terms and Conditions are in conjunction with New Movements general Terms and Conditions which are found on our website newmovementperth.cmom.au
    8. In the event of a promotion winner breaching any of New Movements Terms and Conditions outlined in this Agreement, the promotion Membership will/can be refused or terminated at any time.