1. Preamble
1.1. This is an agreement between Fitness Passport Pty Limited ACN 118 426 029 (FP) and the person named as the Secondary Member on the online sign-up form submitted by the Primary Member to FP. For the purposes of this agreement, the Secondary Member will also be referred to as “you” and “your” throughout.
1.2. These terms and conditions together with any information provided by the Primary Member during the online sign-up process (Sign-up) make up a legally binding agreement (the Agreement) between you and FP.
1.3. You may accept this Agreement by doing the following:
a. Reviewing and accepting the terms and conditions emailed to you by Fitness Passport; or
b. Accepting the FP membership card distributed by FP in your name (Fitness Passport Membership Card); or
c. Accessing Facilities as part of your Membership after receiving notice of these terms and conditions (which may include notice of where these terms can be located).
1.4. FP has entered a contract with another person (Primary Member) under which FP agrees to provide access to a number of participating gym, swimming pool and/or leisure facilities (Facilities) through the use of a Family Fitness Passport or the Additional Dependent Passport (Membership).
1.5. The Primary Member has listed you in their Sign-up as a member (Secondary Member).
1.6. The Primary Member has represented that you have consented to being named as a Secondary Member on the Primary Member’s Sign-up.
1.7. The Primary Member has represented that you are either:
a. A Partner or spouse of the Primary Member who permanently resides at the same address as the Primary Member; or
b. A child of the Primary Member who is unemployed or financially dependent on the Primary Member in the opinion of FP, who is aged between 18 and 25 years and permanently resides with the Primary Member.
For the avoidance of doubt, “partners” and “Dependants” do not include siblings, parents, flatmates, extended family members or friends.
1.8. FP agrees to provide you with access to the Facilities through the Membership on the terms and conditions set out in this Agreement.
2. Membership and Membership Terms
2.1. Invitation to become a Secondary Member will be at the discretion of FP. FP reserves the right to restrict any individual or family from gaining a Membership.
2.2. Without limiting any other provision of this Agreement or FP’s rights at law, to be eligible for a Membership as a Secondary Member, you must be an immediate family member of a relevant Primary Member who has a valid Family Fitness Passport or the Primary Member has procured an Additional Dependant Membership on your behalf.
2.3. If you are temporarily residing at the Primary Member’s residence for a duration of 3 months or less you are not eligible to be a Secondary Member.
2.4. You therefore warrant to FP that you are eligible to be a Secondary Member in accordance with clauses 2.2 and 2.3.
2.5. Membership will commence on and from the date of the Primary Member's first fee payment. You may attend any participating Facilities on the later of the date that is 14 days after Membership commences or the date that you activate your Fitness Passport Membership card.
2.6. To obtain a membership card from, or entry to each Facility, you must provide that Facility with a form of photographic identification acceptable to that Facility and your activated Fitness Passport Membership card. If there is a photo ID on the Fitness Passport Membership card, additional photographic evidence is not required.
2.7. If a Primary or Secondary Member has his/her Membership terminated by FP (Terminated Member), FP will immediately communicate this information to each participating Facility and all access cards issued to the Terminated Member by participating Facilities will immediately be cancelled and must immediately be returned by the Terminated Member. Any Fitness Passport Membership cards issued by FP must also be returned to the Primary Member's employer or a photo of the cut up card (across the bar) should be sent to Fitness Passport.
2.8. You acknowledge and agree that if the Primary Member’s Membership is terminated or cancelled for any reason, your Membership will be automatically cancelled, you will lose access to the Facilities and must return your Fitness Passport Membership card or send a photo of the cut up card (across the bar) to Fitness Passport as outlined in clause 2.7.
2.9. FP will regularly update the list of current financial members for each participating Facility and all inactive Members will have their Facility-issued access cards cancelled.
2.10. Where the Fitness Passport Membership issued card is lost, stolen or damaged, FP will charge you an additional fee of $10 for each replacement card FP issues. A Facility may charge you a fee to issue Facility specific access cards, tokens or passes. This fee is payable to the Facility in addition to the membership fees.
2.11. If you, or any other person, continues or attempts to use the Facilities under your Membership after you become ineligible, or your Membership is cancelled, FP reserves the right to charge the Primary Member for all costs incurred.
2.12. If you wish to attend a Facility located inside a licenced premises (e.g. Leagues Club or RSL Club) you may be required to join the club directly as a member to be able to access the facility and any such access will be subject to any terms attached to that club membership.
2.13. FP cannot guarantee that a Facility will not charge a joining fee. FP takes no responsibility for any Facility that does charge a joining fee and the fact that the Facility chooses to charge a joining fee will not alter this Agreement in any way. It is your responsibility to understand any joining fees or other fees associated with the Facilities you choose to access.
2.14. If you visit a Facility that uses a Fitness Passport i-pad scanner to record visits, you must swipe your Fitness Passport Membership card or key in your details on every visit. This includes those facilities that are 24/7 facilities that can be accessed outside of staffed hours.
2.15. If you do not register your visit on a Fitness Passport scanner when you access the Facility (regardless of whether you have already swiped into the facility using the facility’s own access card), you may be banned from attending the Facility.
2.16. FP will make reasonable efforts to keep any information that FP has about you secure and to ensure that any of FP’s employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. FP’s use and disclosure of your personal information will be governed by FP Privacy Policy and clause 10.
2.17. Notwithstanding clause 2.16, FP cannot and does not warrant or guarantee that its systems are fail safe or impermeable to malicious or deliberate attempts to take or destroy confidential information. To the fullest extent permitted by law FP excludes all liability arising out of loss or disclosure of your confidential information in circumstances where FP has used reasonable endeavours to protect that information.
2.18. We will only disclose information that we have about you:
a. to the extent specifically required by law; or
b. for the purposes of this Agreement (including disclosing information in connection with any query or claim) or in accordance with your consent.
2.19. If you wish to notify us in writing about anything relating to this agreement, you should write to Fitness Passport, PO Box 775, Customer ID H0627, Cherrybrook NSW 2126 or email info@fitnesspassport.com.au
2.20. Any notice will be deemed to have been received on the third banking day after posting.
3. Amendment to rules and included facilities
3.1. You acknowledge and agree that FP or a Facility has or may at any time develop rules of conduct for any Facility. Those rules do not form part of this Agreement. FP reserves the right at all times to vary any such rules or the services and facilities to be offered at any participating Facility at any time.
The rules developed or varied by FP may relate to the health and safety of Members during use of a Facility, or requirements around access to a Facility.
3.2 FP will notify you of any changes to any terms or conditions related to your membership by emailing the person appointed within the Primary Member’s employer as the Fitness Passport Facilitator (in which case that person will be responsible for and will be deemed to have notified you).
3.3 You agree that the preceding notification process is reasonable. Providing FP has complied with this process, then it has discharged its duties of notification of changes to you. If you continue to use your Membership after notification in accordance with the preceding clauses, then you will be deemed to have accepted any amendments contained in such notification.
4. Benefits of membership
4.1. In accordance with the terms of this Agreement and the terms and conditions of any Facility, Membership will provide each Member with access to a range of Facilities and services. The range of Facilities and services that a Member can access may vary from time to time.
4.2. You may utilise the services of any or all of the participating Facilities on the specified package list by approaching each individual Facility and providing your Fitness Passport Membership card and an acceptable form of photographic identification to that Facility. At that time, the Facility will either present you with a Facility Card or alternatively will require you to show your Fitness Passport Membership card and photographic identification on each subsequent visit. If a Fitness Passport scanner is in place at the Facility, you MUST swipe your ID card or manually log in on each visit.
4.3. You may frequent each participating Facility as many times as you choose during the currency of your Membership. Limitations may be placed on certain exclusive packages. Should limitations on visits be implemented members will be notified during promotion of the package.
4.4. Membership does not cover visits to a facility that are part of an organised team or individual training program. For example, swimming lessons, school sport, swimming squads, water polo, netball training etc.
4.5. Membership does not cover babysitting services or creche visits.
5. Fitness Passport Membership Cards
5.1. On acceptance of the application for membership, each you will be provided with a Fitness Passport Membership card from FP within 14 days. These cards may also be referred to as Fitness Passport, Fitness Passport Membership Cards or an ID card.
5.2. FP will regularly update the list of current financial Members for each individual Facility.
5.3. On confirmation of Membership you may be issued with a Facility Access Card for each Facility. The Facility Access Card includes, but not limited to, a 24 hour electronic key. You may also be required to continue to use their FP Membership card to gain entry.
5.4. You may be required purchase an electronic out of hours access key for a fee paid directly to the gym on your first visit. The electronic key permits access during un-staffed hours and is also used to keep a record of visitation and so must be purchased whether you intend to use the gym outside of hours or not. Fees may vary depending on the location and are not governed by this Agreement.
5.5. You are not restricted on the amount of Facility Cards you may obtain from different participating Facilities or the number of Facilities you may visit.
5.6. Should the Primary Member fail to pay the nominated fee or cease employment with the employer affiliated with FP you must return the Fitness Passport card to the Primary Member’s employer or FP, or send either point of contact a photo of the cut up card(s) cut across the bar code. During this time payments will still accrue and be payable by the Primary Member until you have returned your Fitness Passport Membership Card to the Primary Member’s workplace facilitator or until you have sent a photo of the cut-up card (across the bar) to FP.
5.7. All Facility Access Cards are and shall remain the property of the individual Facility. The Facility Card must be returned on demand by the Facility.
5.8. When you terminate your membership with Fitness Passport, all Facility Access Cards must be returned to the relevant facility for cancellation. FP will also advise any relevant facilities that you have terminated your membership.
5.9. The Fitness Passport Membership cards given to you will remain the property of FP.
6. Rules and conditions of Membership
6.1. You acknowledge and agree that FP or a Facility has or may at any time develop rules of conduct for any Facility. Those rules do not form part of this Agreement. FP reserves the right at any time to vary any such rules or the services and facilities to be offered at any participating Facility.
6.2. You must abide by each Facility's terms and conditions of entry or use.
6.3. Members found breaching the terms and conditions of Membership will have their Membership cancelled and the related Primary Member is liable to pay for any visits that were made outside of FP terms and conditions, including those made as the result of a Secondary Member or Minor Member breaching the terms and conditions of Membership. This includes but is not limited to: allowing someone other than the person listed on the FP Membership card to use the card, adding ineligible members to any FP membership or using the FP card to obtain benefits outside the prescribed program. The fees withheld by FP will cover the costs incurred by FP as a result of your payments being in arrears or breach of this Agreement.
6.4. Access to each individual Facility is varied. It is your responsibility to check with each Facility for hours of operation, schedule of classes, access for dependents and availability of positions within classes.
6.5. FP is not liable for and will not refund to you (or the Primary Member) any separate payments you (or the Primary Member) make directly to a Facility for any reason. Any extra payment made to a Facility constitutes a separate arrangement between you and the Facility and FP does not receive any of these payments.
6.6. You acknowledge and agree to consult with an employee of each Facility on your first visit to each respective Facility to undergo a fitness assessment and any other induction required by the Facility and to determine the level of fitness of the Member. This may incur a cost to you.
6.7. Notwithstanding the foregoing you acknowledge and agree that you have been advised by FP that you should attend, and have either attended, or elected of your own volition not to attend, an appointment with your own General Practitioner (Dr) for the purpose of:-
a. ensuring you are sufficiently fit and well to attend one or more of the Facilities and undertake physical activity at any such Facility; and
b. to obtain a full physical health check so you can advise any Facility which you attend of any prevailing medical condition(s) which might affect your ability to use any piece of equipment or participate in any fitness program and you hereby release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you having either elected not to, or failing to, attend your General Practitioner (Dr) for the above purposes.
6.8. You acknowledge and agree that you must seek instruction from relevant instructors at each Facility before using any piece of equipment and release to the fullest extent permitted by law both FP and each Facility from any and all liability that might arise from you using any equipment either without instruction or not strictly in accordance with any instructions so provided.
6.9. Subject to clause 6.12 and 6.13 below, FP will use best endeavours to ensure that the offering of Facilities that you can access through the FP Membership match the Facilities that have been advertised to you.
6.10. Facilities are chosen on a majority rules basis. If a Facility is not being patronised or is being under patronised in the opinion of FP, then that Facility may be withdrawn from the Membership offering.
6.11. FP’s engagement with Facilities is on a venue by venue basis, not franchise by franchise. For example, if you are able to access Curves at a specific location on this program, it does not mean you can access every Curves franchise. You can only use the facilities at the locations specified by FP from time to time.
6.12. FP acknowledges that there may be some instances where an owner, employee or contractor of a Facility may be eligible for a Fitness Passport Membership be it as a Primary or Secondary Member.
6.13. FP expressly forbids the use of a Fitness Passport Membership or the Fitness Passport member to enter any Facility where the Member or a member of the Member’s immediate family is an owner, employee or contractor of the relevant Facility and utilise their FP membership. Any such use will be a breach of these Terms and may result in the Termination of membership. FP will not make any payment to the relevant Facility relating to such a visitation nor will FP recognise the visitation in any other manner.
6.14. If you become aware that the Primary Member leaves the employment of an employer with whom FP has an engagement agreement with you must give notice to FP of this as soon as is reasonably possible.
7. Termination of membership
7.1. Subject to clause 7.2, FP reserves the right at any time to revoke your Membership and/or your right to use the benefits provided by the Membership for any legitimate business, legal or regulatory reason by giving not less than one month notice to you or the Primary Member of such termination and revocation.
7.2. Without limiting clause 7.1, FP may terminate your Membership immediately in each of the following circumstances without the obligation to reimburse detailed in clause 7.2 or otherwise:
a. breach of this Agreement by you;
b. breach of any participating Facility’s terms and conditions of use;
c. failure of the Primary Member to pay any outstanding money as required under this Agreement after being informed by FP of the outstanding amount;
d. a breach by the Primary Member under their Agreement with FP;
e. a breach by the Primary Member of any participating Facility’s terms and conditions of use; or
f. the Primary Member ceases employment with whom the FP has an Employer Engagement Agreement.
8. No warranty
8.1. To the maximum extent permitted by law (including the Australian Consumer Law), FP does not warrant in any way, and expressly excludes any warranty which may otherwise be implied, that the services and facilities will be available at any particular time or times nor does it warrant the condition and repair of such facilities offered at each participating Facility. Additionally, FP gives no warranty and shall have no liability whatsoever in respect of services offered by the respective Facilities or as to the accuracy of any description of or information about services or facilities given by any of the participating Facilities. For the avoidance of doubt, nothing in this Agreement limits or excludes any non-excludable warranties or consumer guarantees under the Australian Consumer Law.
9. Liability and release
9.1. Subject to clauses 9.2, 9.3 and 9.4, to the maximum extent permitted by law, in no event will:
a. FP's total liability to you in connection with this Agreement for all damages, losses and causes (whether under contract, tort (including negligence), statute, equity or otherwise) exceed the total value of all membership fees paid by you to FP under this Agreement in the past 12 months;
9.2. b. FP be liable to you (whether under contract, tort (including negligence), statute, equity or otherwise) for any: (i) damages, losses or causes that do not arise naturally according to the usual course of things; or (ii) loss of business, loss of use, loss of savings, revenue or profit, or loss or corruption of data. To the extent that FP's liability arises in relation to any consumer guarantee under the Australian Consumer Law, FP limits its liability to:
a. in the case of goods supplied to you in connection with this Agreement, the replacement of the relevant goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; and
b. in the case of services supplied to you in connection with this Agreement, the supply of the relevant services again, or the payment of the cost of resupplying the services.
9.3. You acknowledge and agree that FP is not in any way liable for:
b. cancellation of fitness classes by a participating Facility;
c. amendment to class schedules and hours of operation;
d. termination of individual Facility Cards due to your failure to abide by the terms and conditions of usage of the participating Facility or otherwise;
e. cancellation of a Facility's involvement with FP;
f. the refusal of any Facility to accept or honour the benefits conferred by the Membership;
g. injury, death or disability incurred or suffered or contributed to by you or anyone else whilst utilising the benefits provided by the Membership;
h. any loss or damage to property, whether in whole or part, incurred or sustained by you whilst utilising the benefits of the Membership; or
i. the condition, suitability, quality or safety of any goods or services provided by the participating Facilities
9.4. You acknowledge the inherent dangers (including personal injury and death) involved in the types of high intensity exercise and other activities that you may be involved in at a Facility and hereby release to the fullest extent permitted by law FP, the Primary Members Employer and each Facility from any and all liability, injury, illness, loss or damage to both person or property that might arise from you undertaking the preceding activities.
9.5. To the maximum extent permitted by law, you agree to indemnify and hold FP and its officers, directors, employees, agents and contractors harmless for any and all actions, suits, proceedings, claims, demands, liabilities, damages, penalties, costs, and expenses ("Claims") arising out of or in connection with:
a. your breach of this Agreement or any Facility terms and conditions;
b. your use of the Membership;
c. your use of any Facility and their services.
Your liability under this section 14.3 will be reduced proportionately to the extent that FP directly caused or contributed to any Claim.
9.6 For the avoidance of doubt, nothing in this Agreement limits, excludes or alters your rights as a consumer that cannot be limited or excluded under applicable law, including any non-excludable requirements of the Australian Consumer Law.
10. Privacy
10.1. FP acknowledges and respects the privacy of individuals. We will collect personal information from you in accordance with FP’s Privacy Policy found at https://fitnesspassport.freshdesk.com/support/solutions/articles/43000425224-privacy-policy. We may obtain personal information from you and also from third parties, such as your employer or a Facility.
10.2. Your personal information will only be used for the purposes for which it is collected, in accordance with FP’s Privacy Policy or in accordance with the Privacy Act 1988 (Cth). You hereby acknowledge and agree with FP’s Privacy Policy.
10.3. You are not obliged to provide any information to us, but if you do not provide us with the personal information that we request we may not be able to deliver our services. The way we collect, use and store your personal information is governed by our privacy policy found at the link above. Our privacy policy contains information about how you can access and correct the personal information we hold about you and how you can raise any concerns about our personal information handling practices. For more information, please contact us in writing.
10.4. As part of your Membership, you may receive information from FP from time to time regarding the services of the participating Facilities.
10.5. If you do not wish to receive an updated participating Facility list, you should indicate this desire to FP and your name will be removed from the mailing list within a reasonable period of time.
11. Confidential Information
11.1. Each party acknowledges that the content of this Agreement and all information disclosed in connection with this Agreement is confidential.
11.2. Each party will, except as otherwise required by law or with the consent of the other party, keep each other’s confidential information strictly confidential. You hereby consent to FP releasing any of your confidential information in the manner and as required or authorised under this Agreement or in accordance with FP’s Privacy Policy.
11.3. This clause will survive the termination of this Agreement.
12. Assignment
12.1. You must not assign your rights or delegate the performance of your obligations under this Agreement without the prior written consent of FP. Any attempted assignment or delegation without consent will be ineffective.
13. Jurisdiction
13.1. This Agreement will be subject to the laws of New South Wales. The parties will submit to the exclusive jurisdiction of the Courts of that State.
14. Notices
14.1. Notices will be in writing and may be given to a party:
personally; by email to the party’s last known email address;
by leaving it at or posting by pre-paid mail to the following address for each party or to an alternate address that a party may notify the other party from time to time:
FP
Attention: Fitness Passport Director
Address: Fitness Passport, PO Box 775, Customer ID H0267, Cherrybrook NSW 2126
Email: info@fitnesspassport.com.au
Secondary Member
to the address or email address of the Primary Member set out at https://portal.fitnesspassport.com.au/dashboard/memberdetails.
14.2. Notice is deemed to have been received by a party:
a. when left at that party’s address; or
b. if sent by email using the email address provided by the Primary or Secondary member; or
c. if sent to the Primary Member’s workplace facilitator.
14.3. Unless a later time is specified in it or by a provision of this Agreement, a notice, consent, approval or other communication, it takes effect from the time it is received.
15. General
15.1. The relationship between the parties is that of independent contractors. Nothing in this Agreement constitutes or will be deemed to constitute a partnership between the parties or one party as agent or employee of the other party.
15.2. A party may not make press or other announcements or releases relating to this Agreement and the transactions the subject of this Agreement without the approval of the other party to the form and manner of the announcement or release unless and to the extent that the announcement or release is required to be made by the party by law or by a stock exchange.
15.3. The rights and obligations of FP under or in respect of this Agreement are not personal to FP.
15.4. This Agreement binds each party’s permitted successors, assigns, administrators and substitutes.
15.5. A provision of or a right created under this Agreement may not be waived or varied except in writing, signed by the party or parties to be bound.
15.6. The parties acknowledge that in entering into this Agreement they have not relied on any representations or warranties about its subject matter except as expressly provided by the written terms of this Agreement.
15.7. The parties acknowledge and agree that they enter this Agreement as a Deed.