Terms and conditions
4B GYM — MEMBERSHIP TERMS AND CONDITIONS
4B Movement Pty Ltd ACN 697 493 575
Last updated: August 2026
These Membership Terms and Conditions apply to memberships, access passes, gym access, programming, coaching services and related services supplied by 4B Movement Pty Ltd trading as 4B Gym.
Business Details
4B Movement Pty Ltd ACN 697 493 575
Trading as 4B Gym
4B Sir William McKell Drive
Pambula NSW 2549
Website: www.4b-gym.com.au
Email: hello@4b-gym.com.au
1. Introduction
1.1 These terms and conditions form part of the agreement between 4B Movement Pty Ltd ACN 697 493 575 trading as 4B Gym and the person named as the member in the membership agreement.
1.2 By signing or accepting the membership agreement, joining online, using 4B Gym, or accessing any 4B Gym facility or service, you agree to be bound by:
a. these Membership Terms and Conditions;
b. your membership agreement or online sign-up form;
c. the 4B Gym Code of Conduct and gym rules;
d. any applicable direct debit or payment authority;
e. any health declaration, risk warning, waiver or consent form signed by you; and
f. any reasonable safety directions, policies or notices issued by 4B Gym from time to time.
1.3 You should only enter into this agreement if you understand and agree to comply with these terms.
1.4 If there is any inconsistency between these Membership Terms and Conditions and your membership agreement, the membership agreement prevails to the extent of the inconsistency in relation to your membership type, fees, minimum term and payment arrangements.
2. Definitions
In these terms:
4B Gym, 4B Movement, we, us or our means 4B Movement Pty Ltd ACN 697 493 575 trading as 4B Gym.
Access Pass means any key fob, access card, access code, app-based access or other method provided by us to allow entry to 4B Gym.
Agreement means the agreement between you and 4B Gym, including these terms and any membership form, payment authority, waiver or health declaration.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Code means the 4B Gym Code of Conduct and all rules, safety instructions, signage and reasonable directions applying at 4B Gym.
Coach means a coach, trainer or instructor employed or authorised by 4B Gym to provide coaching, personal training, programming or related services.
Fixed Term Agreement means a membership that runs for a fixed period and ends automatically at the end of that period unless renewed.
Member, you or your means the person named as the member in the membership agreement and, where the member is under 18 years, includes the member’s parent or legal guardian where the context permits.
Minimum Term means the minimum commitment period specified for your membership.
Outside Provider means an independent practitioner, therapist, tenant, contractor or service provider who is not employed or authorised by 4B Gym to provide that particular service.
Periodic Agreement means an ongoing membership that continues until terminated by you or 4B Gym in accordance with these terms.
Programming Membership means a membership that includes gym access, a training program and one monthly one-on-one coaching session, as described in clause 10.
Stripe means the third-party payment processor currently used by 4B Gym, or any replacement payment provider nominated by 4B Gym.
Website means www.4b-gym.com.au or any replacement website notified by 4B Gym.
3. Membership Types and Fees
3.1 All prices are inclusive of GST unless stated otherwise.
3.2 The membership types available at the date of these terms are set out below. 4B Gym may change, add or remove membership types from time to time.
3.1 Casual Session
a. Fee: $20.
b. Type: Fixed Term Agreement.
c. Term: One session only.
d. Payment: Payable upfront.
e. Refunds: Non-refundable except where required by law.
3.2 Weekly Pass
a. Fee: $50.
b. Type: Fixed Term Agreement.
c. Term: One week.
d. Payment: Payable upfront.
e. Refunds: Non-refundable except where required by law.
3.3 Monthly Pass
a. Fee: $115.
b. Type: Fixed Term Agreement.
c. Term: One month.
d. Payment: Payable upfront.
e. Refunds: Non-refundable except where required by law.
3.4 Standard Membership
a. Fee: $24 per week.
b. Type: Periodic Agreement.
c. Minimum Term: Three months.
d. Minimum spend: $312, being 13 weekly payments or 6 fortnightly payments.
e. After the Minimum Term, the membership continues on a rolling basis until cancelled in accordance with clause 18.
f. Cancellation after the Minimum Term requires 14 days’ written notice.
3.5 Annual Membership
a. Fee: $999.
b. Type: Fixed Term Agreement.
c. Term: 12 months.
d. Payment: Payable upfront.
e. The membership ends automatically at the end of the 12-month term unless renewed.
f. Refunds: Non-refundable except where required by law or expressly agreed by 4B Gym.
3.6 Programming Membership
a. Fee: $240 per month, approximately $55 per week.
b. Type: Periodic Agreement.
c. Minimum Term: One month.
d. Payment: Billed monthly in advance.
e. Includes:
i. unlimited gym access on the same access terms as a Standard Membership;
ii. a monthly training program prepared for you; and
iii. one one-on-one coaching session with your allocated Coach each month.
f. After the Minimum Term, the membership continues on a rolling basis until cancelled in accordance with clause 18.
g. Cancellation after the Minimum Term requires 14 days’ written notice.
3.7 Personal Training and One-Off Coaching
a. Personal training and one-off coaching sessions may be available for an additional fee.
b. These services are separate from membership unless expressly included in your membership type.
c. Pricing and availability will be confirmed by 4B Gym before you book.
4. Payment Arrangements
4.1 Membership fees must be paid in the manner specified in your membership agreement or online sign-up form.
4.2 4B Gym currently uses Stripe to process card payments and recurring payments.
4.3 By providing payment details, you authorise 4B Gym and Stripe to debit your nominated card or account for all fees, charges and amounts payable under your Agreement.
4.4 Your agreement with Stripe or any other third-party payment provider is separate from your Agreement with 4B Gym. However, you remain responsible for ensuring all membership fees and charges are paid on time.
4.5 You must ensure that your payment details are current and that sufficient funds are available on each payment date.
4.6 If your payment details change, you must update them promptly.
5. Failed Payments and Overdue Fees
5.1 If a payment is declined, rejected or otherwise unsuccessful:
a. Stripe may attempt to process the payment again;
b. 4B Gym may contact you and ask you to update your payment details; and
c. the unpaid amount remains due and payable.
5.2 If fees remain unpaid for more than 14 days, 4B Gym may, after giving reasonable notice:
a. suspend your membership;
b. restrict or deactivate your Access Pass;
c. refuse you entry to 4B Gym;
d. terminate your membership; and/or
e. refer the debt to a debt collection agency.
5.3 You must pay any reasonable debt recovery costs incurred by 4B Gym as a result of your failure to pay amounts due, to the extent permitted by law.
5.4 Suspension, restricted access or non-use of the gym does not cancel your obligation to pay fees that have already accrued.
6. Fee Changes
6.1 4B Gym may change membership fees from time to time.
6.2 For Periodic Agreements, 4B Gym will give at least 14 days’ notice of any fee increase.
6.3 Notice may be given by email, SMS, notice on the Website, notice in the gym, newsletter, or other reasonable means using the contact details you have provided.
6.4 If you do not agree to a fee increase, you may cancel your Periodic Agreement in accordance with clause 18 before the increase takes effect.
6.5 Fee increases do not apply to a Fixed Term Agreement during its fixed term unless expressly stated in the membership agreement.
7. Membership Entitlements
7.1 Subject to these terms and your membership type, membership may entitle you to:
a. access 4B Gym during permitted access hours;
b. use available exercise equipment located on the gym floor;
c. participate in included classes or services, where applicable; and
d. receive any services expressly included in your membership type.
7.2 Membership entitlements are personal to you and cannot be transferred, assigned, sold or shared without 4B Gym’s written consent.
7.3 Your obligation to pay membership fees does not depend on how often you use 4B Gym.
7.4 4B Gym may change, replace, remove or add equipment, classes, programs, services and facilities from time to time, provided the change does not materially reduce the core services attached to your membership without reasonable notice.
8. Access Pass and Entry
8.1 You must use your Access Pass each time you enter and exit 4B Gym.
8.2 Access Pass use is required for safety, security, attendance, insurance and emergency management purposes.
8.3 Your Access Pass remains the property of 4B Gym.
8.4 You must not:
a. lend, share or transfer your Access Pass;
b. allow another person to use your Access Pass;
c. allow another person to enter 4B Gym without authorisation; or
d. tamper with any entry, security or access system.
8.5 If your Access Pass is lost, stolen or damaged, you must notify 4B Gym promptly.
8.6 A replacement Access Pass may be issued on proof of identity. A replacement fee of $30.00 applies.
9. Tailgating and Unauthorised Access
9.1 You must not admit, assist or allow any unauthorised person to enter 4B Gym.
9.2 This includes allowing another person to follow you through an entry point, using your Access Pass for another person, or opening the door for a person who has not been authorised by 4B Gym.
9.3 If you breach this clause, 4B Gym may charge a tailgating fee of $100.
9.4 Repeated or serious breaches may result in:
a. suspension of your Access Pass;
b. revocation of 24/7 access;
c. cancellation of your membership; and/or
d. referral to police or other authorities where appropriate.
10. Programming Memberships
10.1 A Programming Membership includes the benefits set out in clause 3.6.
10.2 Your program will be prepared by a Coach and updated monthly.
10.3 You will usually be allocated a Coach when you join. 4B Gym may change your Coach from time to time, including due to staff availability, leave, rostering, capacity or operational requirements.
10.4 The one-on-one coaching session included in a Programming Membership must be used during the relevant monthly billing period.
10.5 Unused monthly coaching sessions:
a. do not roll over;
b. are not refundable; and
c. cannot be exchanged for cash, credit or other services, except where required by law or agreed by 4B Gym.
10.6 You are responsible for booking your monthly coaching session in advance. Coach availability is limited.
10.7 If you move from a Programming Membership to a Standard Membership:
a. you must notify 4B Gym in writing;
b. the change takes effect at the end of your current paid monthly Programming Membership period;
c. you retain your Programming Membership benefits until that date; and
d. your Standard Membership starts the following day.
10.8 If you move from a Standard Membership to a Programming Membership, the change may take effect immediately if agreed by 4B Gym, and billing will be adjusted accordingly.
11. Bookings, Classes and No-Show Fees
11.1 Some classes, coaching sessions and services require booking due to limited availability.
11.2 Bookings may be made by contacting 4B Gym, or through any booking system nominated by 4B Gym.
11.3 Unless otherwise stated, bookings may be made up to seven days in advance.
11.4 You may cancel a booking without charge if you give at least 12 hours’ notice.
11.5 If you book a class or session and do not attend, or cancel late, 4B Gym may charge a no-show or late cancellation fee of up to $10.
11.6 Entry to a class or session may be refused if you arrive after the session has started.
12. Health Declaration and Medical Disclosure
12.1 Before training at 4B Gym, you must complete any health declaration or medical screening form required by 4B Gym.
12.2 You must disclose any illness, injury, medical condition, disability, impairment, medication, pregnancy, recent surgery, treatment, pain, limitation or other health matter that may affect your ability to exercise safely.
12.3 You warrant that, to the best of your knowledge, you are medically and physically able to participate in exercise and gym activities.
12.4 If you disclose a medical condition, injury or health concern, 4B Gym may require written clearance from your doctor, physiotherapist, exercise physiologist or other treating allied health professional before allowing you to train.
12.5 You must immediately notify 4B Gym if:
a. your health changes;
b. you suffer a new injury or illness;
c. an existing condition worsens;
d. you receive medical advice affecting your ability to exercise; or
e. you become aware of any risk to your health or safety from training.
12.6 You must stop exercising immediately and notify 4B Gym staff if you experience chest pain, severe shortness of breath, dizziness, faintness, unusual pain, sudden weakness, nausea, loss of balance, blurred vision, or any other concerning symptom.
12.7 4B Gym may refuse, suspend, restrict or modify your participation where it reasonably considers that participation may pose a health or safety risk to you or others.
13. Risk Warning and Assumption of Risk
13.1 Exercise, training and gym activities involve inherent risks.
13.2 Risks may include, without limitation:
a. muscle strains, sprains and tears;
b. joint, ligament and tendon injuries;
c. fractures, dislocations, bruising and cuts;
d. back, neck and spinal injuries;
e. slips, trips and falls;
f. overexertion, dehydration, fatigue and fainting;
g. aggravation of an existing injury, illness or medical condition;
h. cardiac, respiratory or other medical episodes;
i. injury arising from use or misuse of equipment;
j. injury caused by other members or third parties; and
k. in rare cases, permanent disability or death.
13.3 You acknowledge that gym activities are recreational activities and may involve obvious and inherent risks.
13.4 You participate voluntarily and at your own risk.
13.5 You are responsible for:
a. exercising within your ability and fitness level;
b. using correct technique;
c. asking for help before using unfamiliar equipment;
d. following all instructions, warnings and signage;
e. not training while unwell, injured or medically unfit; and
f. not undertaking exercises that you know, or ought reasonably to know, are unsafe for you.
14. Liability and Consumer Rights
14.1 Nothing in these terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
14.2 To the maximum extent permitted by law, including in relation to recreational services, 4B Gym excludes liability for death, personal injury, illness, loss or damage arising from or in connection with:
a. your use of 4B Gym facilities or equipment;
b. your participation in exercise, classes, programs, training or coaching;
c. your failure to follow instructions, signage or safety directions;
d. your failure to disclose a medical condition, illness or injury;
e. your misuse of equipment;
f. your own negligence, misconduct or unsafe conduct;
g. an obvious or inherent risk of gym activities; or
h. the acts or omissions of other members or third parties.
14.3 To the maximum extent permitted by law, 4B Gym is not liable for indirect, consequential, special or economic loss, including loss of opportunity, loss of enjoyment, loss of income, loss of profit or loss arising from non-use of the gym.
14.4 Nothing in these terms excludes liability to the extent that liability arises from conduct that cannot lawfully be excluded, including fraud, intentional misconduct or any other liability that cannot be excluded by law.
15. Member Indemnity
15.1 To the maximum extent permitted by law, you indemnify 4B Gym and its officers, employees, contractors, Coaches, agents and representatives against any claim, loss, damage, liability, cost or expense arising from:
a. your breach of these terms;
b. your misuse of equipment or facilities;
c. your unsafe, negligent or intentional conduct;
d. your failure to follow the Code, signage or staff directions;
e. your failure to disclose a relevant illness, injury or medical condition;
f. damage caused by you to property, equipment or facilities; or
g. any claim made by another person arising from your act or omission.
16. Gym Code of Conduct and Conditions of Entry
16.1 You must comply with the Code and all reasonable directions from 4B Gym staff.
16.2 4B Gym may refuse entry, require you to leave, suspend your access or terminate your membership if you:
a. use abusive, aggressive, discriminatory, offensive or threatening language;
b. behave in a threatening, unsafe, intimidating or inappropriate way;
c. are under the influence of alcohol, illicit drugs or any substance that may impair your ability to train safely;
d. instruct, coach or train other members without authorisation from 4B Gym;
e. misuse equipment;
f. breach safety requirements;
g. harass staff, Coaches, members or guests;
h. damage property;
i. allow unauthorised entry; or
j. behave in a way that 4B Gym reasonably considers risky, unsafe or seriously inappropriate.
16.3 Non-Smoking Facility
4B Gym is a non-smoking facility. Smoking, vaping and use of e-cigarettes are prohibited inside the gym and in any other area designated by 4B Gym.
16.4 Clothing and Footwear
You must wear suitable exercise clothing and enclosed sports shoes in all exercise areas. For clarity suitable exercise clothing means clothes that don’t expose intimate body parts. 4B Gym does not permit nudity.
16.5 Towels and Hygiene
You must use a clean towel when using equipment, mats or participating in classes. 4B Gym may require you to stop training if you do not use a towel or fail to meet reasonable hygiene standards.
16.6 Camera and Recording Use
You must not photograph, film or record another person without that person’s consent.
16.7 Phone Use
Phone calls and audio must be kept to a reasonable level and must not interfere with other members’ use of the gym.
16.8 Parking
You park in the gym car park or on gym premises at your own risk. To the maximum extent permitted by law, 4B Gym is not liable for loss or damage to vehicles or vehicle contents.
17. Use of Equipment
17.1 You must use all equipment safely, properly and only for its intended purpose.
17.2 You must follow all operating instructions, warnings and safety signage.
17.3 If you are unsure how to use equipment, you must ask a 4B Gym staff member or authorised Coach before using it.
17.4 You must return equipment after use, including by:
a. returning weights, bars and dumbbells to their racks;
b. unloading plates from machines, bars and equipment;
c. returning mats, bands and accessories to their storage areas; and
d. leaving the training area clean and safe for the next person.
17.5 You must not drop weights, misuse equipment, obstruct walkways, or create a safety risk.
17.6 You must promptly report damaged, unsafe or faulty equipment to 4B Gym staff.
18. Cancellation and Termination by Member
18.1 Cancellation During Minimum Term
If your membership has a Minimum Term, you cannot cancel during the Minimum Term unless:
a. required by law;
b. approved by 4B Gym due to exceptional circumstances; or
c. otherwise expressly permitted by your membership agreement.
18.2 Exceptional circumstances may include:
a. permanent illness or serious injury preventing continued training;
b. relocation beyond a reasonable distance from 4B Gym;
c. bankruptcy or serious financial hardship; or
d. other circumstances accepted by 4B Gym.
18.3 4B Gym may require reasonable supporting evidence, including medical evidence or proof of relocation.
18.4 Cancellation After Minimum Term — Periodic Memberships
18.4 After the Minimum Term, you may cancel a Periodic Agreement by giving 14 days’ written notice.
18.5 Notice must be given by email to:
18.6 Fees falling due during the 14-day notice period remain payable.
18.7 Any unpaid fees at the termination date remain a debt owed to 4B Gym.
18.8 Your membership is not cancelled until 4B Gym confirms the cancellation in writing. 4B Gym will provide confirmation within a reasonable time and, where possible, not later than 14 days after the effective termination date.
18.9 Fixed Term Agreements
18.9 A Fixed Term Agreement ends automatically at the end of the fixed term unless renewed.
18.10 Fixed Term Agreements are not refundable except where required by law or expressly agreed by 4B Gym.
19. Termination or Suspension by 4B Gym
19.1 4B Gym may suspend, restrict or terminate your membership by written notice if:
a. you fail to pay fees when due;
b. you breach these terms and do not remedy the breach within 14 days after notice, where the breach is capable of remedy;
c. you commit a serious breach that is not capable of remedy;
d. you repeatedly breach these terms or the Code;
e. you engage in conduct that affects the health, safety, wellbeing or enjoyment of staff, Coaches, members, guests or contractors;
f. you allow unauthorised access to 4B Gym;
g. 4B Gym reasonably considers suspension or termination necessary to protect health or safety;
h. 4B Gym temporarily or permanently closes; or
i. continued membership is not reasonably practicable for operational, legal or safety reasons.
19.2 If 4B Gym terminates a Fixed Term Agreement or Upfront Membership for reasons unrelated to your breach, 4B Gym will refund the unused portion of prepaid fees, less any lawful deductions.
19.3 If 4B Gym terminates your membership because of your breach, misconduct or unpaid fees, 4B Gym may retain amounts paid to the extent permitted by law and recover any outstanding amounts.
20. Pausing Membership
20.1 Members may pause eligible memberships for up to four weeks per calendar year.
20.2 Pause requests must be made in writing with reasonable notice.
20.3 4B Gym may refuse a pause request if:
a. the membership type is not eligible;
b. the request exceeds the annual pause allowance;
c. fees are overdue; or
d. the request is not made with reasonable notice.
20.4 If your membership is paused during a Minimum Term, the Minimum Term is extended by the length of the pause.
20.5 Membership fees will not be charged during an approved pause unless otherwise agreed or required to process payments already due.
21. 24/7 Access and Unstaffed Hours
21.1 4B Gym may offer 24/7 access to eligible members.
21.2 You must complete the 4B Gym safety induction before accessing the gym outside staffed hours.
21.3 You must not access the gym during unstaffed hours unless authorised by 4B Gym.
21.4 You must not ask another member to provide you with access during unstaffed hours.
21.5 You must not admit guests, visitors or unauthorised persons during staffed or unstaffed hours.
21.6 If you deliberately misuse the emergency system or duress alarm, you agree to pay any reasonable costs, loss or damage incurred by 4B Gym as a result.
21.7 Staffed hours are currently:
Monday to Friday: 8:00am to 11:00am
Saturday: 9:00am to 11:00am
21.8 Fob access is currently available 24 hours a day, 7 days a week, subject to these terms, operational requirements, safety requirements, maintenance and any access restrictions imposed by 4B Gym.
21.9 During unstaffed hours:
a. no staff member may be present;
b. you train at your own risk;
c. you must take extra care when lifting, using equipment or training alone;
d. you should not attempt exercises beyond your ability; and
e. you must use emergency systems only in a genuine emergency.
21.10 A duress alarm is located on the internal wooden wall in the middle of the gym. Its location and use are covered during the safety induction.
22. Children and Age Policy
22.1 Membership is not available to children under 14 years.
22.2 Members Aged 14 to 15 Years
a. Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
b. The parent or legal guardian accepts responsibility for the minor’s compliance with this Agreement.
c. The minor must be accompanied at all times by their parent, legal guardian, suitably qualified personal trainer, or another exercise professional approved by 4B Gym.
d. Equipment use is subject to safety requirements, medical advice and any restrictions imposed by 4B Gym.
22.3 Members Aged 16 to 17 Years
a. Membership is permitted only with the consent and signature of the minor’s parent or legal guardian.
b. The parent or legal guardian accepts responsibility for the minor’s compliance with this Agreement.
c. Equipment use is subject to safety requirements, medical advice and any restrictions imposed by 4B Gym.
22.4 Members Aged 18 Years and Over
Full membership is available, subject to these terms.
22.5 4B Gym may suspend or cancel a minor’s membership for inappropriate behaviour, misuse of equipment, breach of safety requirements, breach of these terms, or where 4B Gym reasonably considers the membership creates a health or safety risk.
23. Personal Training and Coaching
23.1 Only Coaches employed or authorised by 4B Gym may provide personal training, coaching, programming or instruction at 4B Gym.
23.2 You must not conduct personal training, coaching or instruction at 4B Gym unless authorised by 4B Gym.
23.3 Unauthorised coaching or personal training may result in suspension or cancellation of membership.
23.4 All arrangements and payments for coaching services provided by 4B Gym Coaches must be made through 4B Gym unless 4B Gym agrees otherwise in writing.
24. Outside Providers
24.1 Some services at or near 4B Gym may be provided by Outside Providers, including independent practitioners, therapists or tenants.
24.2 Services provided by Outside Providers are separate from your membership with 4B Gym unless expressly stated otherwise.
24.3 Any contract for services with an Outside Provider is between you and the Outside Provider.
24.4 You are responsible for paying the Outside Provider directly unless otherwise agreed.
24.5 To the maximum extent permitted by law, 4B Gym is not responsible for:
a. services provided by an Outside Provider;
b. fees charged by an Outside Provider;
c. refunds or disputes involving an Outside Provider; or
d. any act, omission, negligence or breach by an Outside Provider.
24.6 Where reasonably possible, 4B Gym may assist you to raise issues with an Outside Provider, but is not responsible for resolving those issues.
25. Personal Property and Lost Property
25.1 You bring personal property to 4B Gym at your own risk.
25.2 4B Gym is not responsible for loss, theft or damage to personal property, including phones, wallets, keys, bags, clothing, jewellery, vehicles or other belongings, except to the extent required by law.
25.3 You should keep valuables with you or secure them appropriately.
25.4 4B Gym is not required to hold or supervise your personal items while you train.
25.5 Lost property may be stored, donated, disposed of or otherwise dealt with in accordance with 4B Gym’s lost property procedures.
26. CCTV and Security
26.1 CCTV is installed at 4B Gym and surrounding areas for safety, security, incident management, crime prevention and misconduct prevention.
26.2 By entering 4B Gym, you acknowledge that you may be recorded by CCTV.
26.3 CCTV footage will be used, stored and disclosed in accordance with 4B Gym’s Privacy Policy and applicable law.
26.4 CCTV footage may be disclosed to police, insurers, legal advisers, emergency services, regulators or other authorities where reasonably necessary or required by law.
27. Privacy and Health Information
27.1 4B Gym collects, uses, stores and discloses personal information in accordance with its Privacy Policy and the Privacy Act 1988 (Cth), where applicable.
27.2 Personal information may include your name, contact details, date of birth, payment details, membership history, access records, CCTV images, emergency contact details and health information.
27.3 Health information may be collected through health declarations, injury reports, medical clearance documents and communications with you.
27.4 You consent to 4B Gym collecting and using your health information for purposes including:
a. assessing your ability to participate safely;
b. determining whether medical clearance is required;
c. modifying training or access where appropriate;
d. managing health and safety risks;
e. responding to incidents, injuries or emergencies; and
f. contacting emergency services or your emergency contact where appropriate.
27.5 You must ensure the personal information you provide is accurate and up to date.
28. Marketing and Image Use
28.1 4B Gym may contact you about your membership, payments, bookings, safety matters, operational updates and services.
28.2 4B Gym may also send marketing communications about fitness, wellness, promotions, events, special offers and related services.
28.3 You may opt out of marketing communications at any time by contacting 4B Gym or using any unsubscribe method provided.
28.4 4B Gym may take general photographs or videos of the gym for promotional or business purposes. You may appear incidentally in the background.
28.5 4B Gym will seek your specific consent before using your image, name, testimonial or personal story as a featured promotional item.
28.6 If you do not wish to appear in promotional material, you must notify 4B Gym.
29. Emergency Assistance
29.1 If you suffer an injury, illness or medical episode, you authorise 4B Gym to seek emergency medical assistance where 4B Gym considers it reasonably necessary.
29.2 You are responsible for ambulance, medical and emergency service costs incurred on your behalf, except to the extent prohibited by law.
29.3 You consent to 4B Gym contacting your emergency contact where reasonably necessary.
30. Temporary Closure, Repairs and Changes to Facilities
30.1 4B Gym may temporarily close or restrict access to all or part of the gym for:
a. repairs;
b. maintenance;
c. refurbishment;
d. equipment replacement;
e. cleaning;
f. safety reasons;
g. public holidays;
h. emergencies;
i. government directions; or
j. circumstances beyond 4B Gym’s reasonable control.
30.2 4B Gym will give reasonable notice of planned closures where practicable.
30.3 Membership fees will not be reduced for short closures, public holidays, repairs, maintenance or reasonable operational changes.
30.4 If a closure is substantial or prolonged, 4B Gym may, where appropriate, offer a membership extension, pause, credit or refund in accordance with applicable law.
31. Additional Safety Measures
31.1 4B Gym may introduce reasonable health, safety, hygiene or operational measures from time to time.
31.2 If a safety measure is made a condition of entry, you must comply with it unless:
a. you have a valid medical exemption; and
b. you provide reasonable supporting documentation if requested.
31.3 If you refuse to comply with a reasonable safety measure, 4B Gym may refuse entry, restrict access or suspend membership.
32. Changes to These Terms
32.1 4B Gym may update these terms from time to time.
32.2 If a change is likely to benefit you or have no material adverse effect on you, 4B Gym may make the change immediately.
32.3 For changes that may materially affect your rights or obligations, 4B Gym will give at least 30 days’ notice where reasonably practicable.
32.4 Notice may be given by:
a. email;
b. SMS;
c. newsletter;
d. notice on the Website;
e. notice displayed in the gym; or
f. any other reasonable method.
32.5 If you do not agree to a material change, you may cancel your Periodic Agreement by giving written notice before the change takes effect.
33. Communications and Notices
33.1 You must keep your contact details current, including email address, phone number, postal address and payment details.
33.2 Notices from 4B Gym may be sent to the most recent contact details you have provided.
33.3 A notice sent by email is taken to be received when sent, unless 4B Gym receives an automated delivery failure notification.
33.4 Questions, notices and cancellation requests should be sent to:
4B Movement Pty Ltd
4B Sir William McKell Drive
Pambula NSW 2549
Email: hello@4b-gym.com.au
34. Entire Agreement
34.1 This Agreement contains the entire agreement between you and 4B Gym concerning your membership and use of 4B Gym services.
34.2 It replaces all previous discussions, representations, arrangements and agreements, whether written or verbal, concerning the same subject matter.
34.3 Any waiver by 4B Gym must be in writing and applies only to the specific matter waived.
35. Severability
35.1 If any provision of this Agreement is invalid, unlawful or unenforceable, that provision is to be read down to the extent necessary to make it valid, lawful and enforceable.
35.2 If it cannot be read down, it is severed from the Agreement.
35.3 The remaining provisions continue in full force.
36. Governing Law
36.1 This Agreement is governed by the laws of New South Wales, Australia.
36.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.
Member Acknowledgement
By accepting this Agreement, the Member acknowledges and agrees that:
they have read and understood these Membership Terms and Conditions;
they agree to comply with the Code and all safety directions;
they have disclosed any illness, injury or medical condition that may affect their ability to exercise safely;
they understand exercise involves inherent risks;
they participate voluntarily and at their own risk;
they agree to pay all fees and charges payable under their membership;
they understand that liability is excluded or limited to the maximum extent permitted by law; and
they agree to be bound by this Agreement.