GENERAL TERMS AND CONDITIONS
In these Terms & Conditions and the gym rules, "The Cubic" means “The Cubic Fitness,” "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of a Gym, which starts when The Cubic accepts the proposed Member's Application Form; "Gym" means the Cubic gym at which the Member applied for membership and any other Cubic gym the Member may attend; "Contract" means the contract between The Cubic and the Member subject to these Terms & Conditions and Club Rules; "Application Form" means the application form completed by the Member to join the Gym; "gym rules" means the terms set out in the The Cubic gym rules.
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to The Cubic to become a Member of the gym subject to these Terms & Conditions and the gym rules. The Cubic reserves the right to reject any application for Membership.
Membership is available to individuals 18 years of age and over, subject to status. If an individual younger than 18 wants to apply, the case must be revised personally by the management.
Upon being accepted to the gym’s Membership scheme, the Member consents to having their photograph and video taken by The Cubic to confirm their identity upon entry, and consents to having their photograph and video taken at any time whilst using the facilities, excluding changing rooms. The Cubic reserves the right to use any such photographs or video for press and/or promotional purposes.
The Cubic offers various Membership packages. The Cubic reserves the right to introduce, withdraw, and vary categories of Membership.
Memberships need to be activated within two months of purchase. If not, the membership will be discarded.
Memberships can be stopped or extended due to medical reasons, always if a medical certificate is given, and according to management’s discretion.
Memberships can be paused in the cause of a flight overseas, always according to management’s discretion and only if notice has been given before the flight, up to a week.
Memberships can’t be refunded or transferred.
Personal Trainings, Physiotherapy or Nutrition can’t be rescheduled, cancelled or modified any later than 24 hours before the class. If later, the class might be discounted, upon manager’s discretion.
Memberships are payable in advance, either fully or monthly as per the Membership type selected. Monthly fees will be debited on or around the 1st of each month. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the gym.
Membership fees may be increased at the discretion of and at any time by The Cubic, to take effect after the Member's minimum term subject to at least one calendar month's written notice. Changes to pricing for new joiners may be made without notice.
Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided.
The Cubic reserves the right to levy an administration fee if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due.
FREEZING YOUR MEMBERSHIP
Memberships can be paused due to a medical condition as long as a medical certificate has been shown to management. Memberships could also be paused due to travelling under two conditions:
1. They need to be travelling for more than 5 days
2. Maximum one pause every three months. Management reserves the right of approving or refusing a membership freeze at all times, as well as deciding the length of the pause.
Full details of normal opening hours are available upon request at each gym. The Cubic reserves the right to vary normal opening hours, temporarily remove access to certain equipment, or to temporarily close certain areas of any gym from time to time without notice for various purposes, including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
HEALTH AND SAFETY
All gym users must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, the user must sign the back of the PARQ stating that they have sought medical advice or wish to use the gym without doing so, and that they take full responsibility for any injury or health condition sustained whilst using the facilities arising from their medical condition. The Cubic staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. The Cubic advises all gym users to take medical advice prior to starting any exercise program if they are in any doubt as to their ability to do so.
The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the gym, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort, or physical condition.
The Personal Trainers (PT) who operate within gym are employees of The Cubic. In using a PT, you are entering into an agreement with The Cubic and all its Terms and Conditions
RELOCATION OF A CLUB BY THE CUBIC
The Cubic may relocate a gym, or open a new gym near the Member's current gym. In such case, The Cubic may, on no less than 4 weeks' written notice to the Member, notify the Member that the relocated gym or the new gym is to be the gym in respect of which the Member has their Membership.
TERMINATION OF MEMBERSHIP BY THE CUBIC
The Cubic may terminate a Membership without notice and with immediate effect if:
All decisions made by The Cubic under this clause are final and binding. The Cubic is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
CHANGES TO THE CUBIC TERMS & CONDITIONS
The Cubic may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.
THE TERMS OF YOUR CONTRACT
A signed Application Form, these Terms & Conditions, the gym rules, and the PARQ make up a binding contract of Membership with The Cubic. Members are advised to read the Terms & Conditions and gym rules in full before signing the Application Form.
The failure of The Cubic to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or gym rules shall not be deemed to be an affirmation by The Cubic that the behavior of the Member or Guest is acceptable. Except where permitted by this Contract, neither The Cubic nor the Member may alter the terms of this Contract without the express agreement of the other.