Terms & Conditions

Words and expressions used in these terms and conditions, unless otherwise expressed otherwise have the following meanings:

Any liability incurred by We, Us, Our or One Playground or The Bunker is incurred severally by those parties set out in the definition.

When you attend a Gym or use any Benefits You must abide by the Rules.

If You breach any Rules:

The Benefits You receive with Your Membership and the Gym to which Your Membership is attached is determined by the membership category you select and Gym you nominate in your Enrolment for Membership.

You may be required to participate in an orientation or induction to familiarise Yourself with the Benefits or the operations of a Gym and it is Your responsibility to book in an orientation or induction.

We reserve the right to introduce, withdraw or vary membership categories by providing You thirty (30) days written notice.

Membership categories are those set out in the Enrolment for Membership form or our Website from time to time.

Membership duration is either:

If an organisation is seeking to provide its personnel with access to Our Benefits, We may provide a “Corporate Membership” which gives that organisation’s personnel additional benefits, such as discounts on membership fees or a discounted joining fee.

Benefits from a Corporate Membership only continue so long as:

If You use a Corporate Membership, You will be asked from time to time to produce evidence of Your continued engagement with that organisation to Us and if You fail to produce evidence to Our reasonable satisfaction, We may:

All billing and membership changes must be submitted on the required form at Your nominated in Gym and accepted and signed by one of Our authorised staff, either in electronic or hardcopy form. No changes will be made via email, in person or over the phone without the appropriate form being submitted.

Full details of normal opening hours are available on the Website and at the entrance of each Gym.

We may vary Staffed Hours or temporarily close certain areas of any Gym from time to time without notice for cleaning, decorating, repairs, renovations or for special functions, press events and holidays.

We do not reduce Your Membership fees because a Gym is closed for renovations or for a public holiday.

If We suspend a Gym’s operation or associated Benefits, temporarily or permanently, We will send You written notice offering You a transfer to another Gym within a radius of 20km from your nominated Gym.

Upon joining a Gym, You will be given an access key and You consent to having Your photograph taken by that Gym to confirm Your identity upon entry.

You must present Your access key for security and verification on each visit to a Gym.

If You visit a Gym without a valid access key or photo identification, We may refuse You entry.

You should not ask or expect Our staff or any other person to let you into the Gym at any time if You do not have Your access key.

You may not loan Your access key or permit it to be used by any other person.

If an access key is misused by You, Your membership may be terminated and the access key confiscated by Us.

Any lost or misplaced access keys will be replaced at a cost of $30.00 payable by You upon the issue of the new access key.

If You provide access to non-members without the written consent of Our staff, You will be liable to pay a fee of $50.00 which is payable immediately and Your membership may be suspended or cancelled by Us. Alternatively, You authorise Us to direct debit the $50.00 from your bank account or credit card.

If You are ever not sure how to operate any equipment properly, You must ask one of Our employees to demonstrate the use of the equipment before You use it.

We are not responsible and accept no liability for any injury to You or any other person caused by Your improper use of any of Our equipment.

Horseplay, vulgar language, anti-social behaviour, abuse of equipment or any other inappropriate behaviour will not be tolerated and You may be asked to leave the Gym and it may also result in suspension or cancellation of Your Membership, with a cancellation fee.

You are solely responsible for any damage which You may cause to Yourself, other members and The Bunker including but not limited to Our facilities, services, products or equipment, if such damage is caused by Your wilful act or negligence.

If You choose to use a Gym outside the Staffed Hours, You do so at your own risk. You must be cautious when entering, leaving a Gym and using a Gym.

While on Our premises You must follow any reasonable direction of Our employees and contractors relating to health, safety or security or related matters.

Paid in full memberships for guests and / or visitors are as follows:

Casual Visit: allows You one off access to the Gym only for the same day during staff business hours; and

Casual Visit for Group Classes: allows You one off access to one class only for the same day during staff business hours.

You warrant You have made, and will continue for the duration of Your Membership, make Us aware of any medical conditions or health problems which may be exacerbated by participating in physical exercise and have, for any current condition obtained, and for any future condition will obtain clearance from a registered medical practitioner to participate in physical exercise.

You acknowledge and agree:

If You are under 18 years old, a parent or guardian must sign all documents required by Us and must accompany You at the Gym.

We reserve the right to refuse You access to the Gym if You are under the age of 18 and attend the Gym without Your parent or guardian present.

If You are under 18 years old, You are not allowed entry to the Gym outside of the Staffed Hours.

Your parent or guardian acknowledges and agrees to be fully responsible for all claims, actions, damages, injuries and loss to property and any other person, which is caused by You.

If you are under 18 years old, We may recommend the use of a personal trainer to You.

We may ask You for a doctor’s clearance and require You to obtain an exercise program from a personal trainer before You are allowed access to the Gym.

By signing the Enrolment for Membership on Your behalf, Your parent or guardian acknowledges and agrees to be a party to the Contract and is responsible for ensuring that Your membership fees are paid and up to date.

You may cancel Your Membership at any time during the first thirty (30) days from Your Membership Start Date (the Satisfaction Guarantee).

To cancel Your Membership during the Satisfaction Period , You must attend your nominated Gym in person to sign and submit the forms required by Us and return the Access Key.

If you have used Your Membership during the Satisfaction Period, we will refund any amounts payable to You, less any guest fees for each visit, the fees for any training packages or other Benefits You have received and a reasonable administration charge. There will be no refund provided for the Access Key or personal training packages.

After the Satisfaction Period has expired, You agree to the term of Your Membership as specified in the Enrolment for Membership.

You are personally responsible for payment to Us of Your Membership fees as and when they fall due.

Your Membership fees are payable in advance in accordance with the Membership category selected on Your Enrolment for Membership. A pro rata payment will apply if Your Membership Start Date is not in line with the billing schedule set by Us.

We reserve the right to use the services of a third-party billing company to deduct Membership fee payments.

If the direct debit option is taken, Your membership fees will be direct debited from Your nominated bank account or credit card. By nominating a credit or debit account, You authorise Us to deduct from that account all fees and other charges you are responsible for under the Membership Terms.

It is Your responsibility to ensure that You have sufficient funds in Your nominated bank account when the fortnightly payments are to be direct debited. If there is insufficient funds in Your nominated bank account, or there is another reason that Your account was unable to be debited, You will be responsible for any administration fees and or collection fees charged by Us and any third-party billing providers.

If You fall into arrears in respect of any Membership fees payable, all arrears must be paid by You in full before You can use any Gym or receive further Benefits and You authorise Us to deduct any arrears from Your nominated bank account or credit card provided to Us at any time without further notice to You.

If You do not pay Your Membership fees when due We reserve the right to:

We are not liable for any fees incurred by You from Your designated bank or card provider for any late fees or charges incurred for failing to meet direct debit agreement with Us.

If You seek to terminate the Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms, You may be liable to Us for damages for breach of contract.

You must tell Us if you are transferring or closing Your account or card, at least 7 days before Your next direct debit. You must also tell Us about any changes to Your account or credit card, such as an expiry date or number, at least 7 days before Your next direct debit.

The Bunker reviews Membership fees periodically and may change the Membership fees from time to time.

Your Membership fees may be increased at Our discretion at any time, subject to thirty (30) days written notice to You and unless You notify Us otherwise and seek to cancel Your Membership, You authorise Us to charge the increased Membership fee and make direct debits from Your nominated bank account or credit card.

All Membership fees include all government taxes and rates and We reserve the right to change Your Membership fees in line with any government tax and rate changes.

Our current Billing Services Provider is Global Payments Australia 1 Pty Ltd ACN 601 396 543 (also known as “Ezidebit”) who administers, and processes direct debit arrangements agreed to by members. Ezidebit make periodic debits from your nominated bank account or credit card on Our behalf for Your Membership fee payments at intervals and amounts as directed by Us in accordance with:

Any change in Billing Services Providers by Us will be notified to You and take effect pursuant to clause 25 of the Membership Terms.

Direct debits normally occur overnight, however transactions can take up to 3 banking business days depending on your financial institution. There may also be delays in processing the debit due to:

Ezidebit charges fees for using its direct debit service. However, Ezidebit’s fees are paid by Us to Ezidebit directly and no other fee is payable by You to Ezidebit, unless otherwise notified by Us to You pursuant to the Membership Terms.

In addition to Ezidebit’s fees, We may charge You a separate ‘failed payment’ fee of AUD$9.90 if You dishonour a payment.

You further acknowledge and agree:

For security purposes, Our Gyms are under 24-hour camera surveillance and whether You are working out, entering or leaving a Gym or restrooms, Your activities are recorded.

You acknowledge Our surveillance system does not protect You in or on Our facilities.

Photography and or videography by You are not allowed anywhere in Our Gyms without Our permission.

You consent to having Your photograph taken at any time whilst using Our facilities and permit Us to use Your image in any such photographs for press and promotional purposes.

You acknowledge:

You release Us, agree not to hold Us liable and indemnify Us against any claims, demands, losses or damages suffered by You arising from Your use or acceptance of any third-party services or the negligence of such third parties

If You wish to Freeze Your membership, You must notify Us of Your request at least seventy-two (72) hours prior to any freeze beginning and complete Our Freeze Request Form.

We will not agree to freeze Your Membership if Your Membership fees are not paid up to date or you owe Us any other money.

The minimum freeze period is one fortnight (one fortnight equals one fortnightly debit), up to a maximum of three (3) full consecutive calendar months.

If You request to freeze Your membership for more than three (3) months, You must provide us with evidence to support Your request which makes You unable to reasonably utilise Your Membership and the Benefits, such as medical reasons or unavoidable absence such as relocation for work.

If We agree to freeze Your Membership You will not be able to use the Gym or utilise any Benefits whilst your Membership is on freeze.

You may have one full calendar month complimentary freeze per year, (one full month equals two fortnightly debits and no more), after which a fee of $6.00 per fortnight (Freeze Fee) will apply.

Freeze periods will not count towards Your contractual minimum term which will be extended by the number of frozen months taken.

Membership may not be placed on freeze during the notice period of a cancellation request and we will not backdate any freeze requests. You must request a freeze when You need it.

We will not accept pro-rata payments or freeze Your direct debits outside an approved freeze period.

If You are on a:

You may cancel Your Membership at any time after the end of a Satisfaction Period, however, all cancellation requests are subject to the Membership category and minimum term as outlined in Your Contract.

All cancellation requests require fourteen (14) days notice either in writing or in person by You to Us by sending the request to your nominated Gym via a submission of our electronic Cancellation Form with all required supporting evidence. All cancellation requests via, fax, SMS, social media or other medium will not be accepted.

We reserve the right to deny a cancellation request if You do not fully comply with the Member Terms for cancellation.

You may cancel Your membership without penalty for the following reasons:

Payout Contract: If You wish to cancel Your membership for any reason other than outlined above and You are within Your minimum term, You must pay out Your Contract.

In addition to any other reasons set out in the Member Terms, We may terminate Your membership immediately by emailing or writing to you at the contact addresses We have on Our records if You:

If We terminate Your membership for any of the above reasons, We may:

If you are unable to use the Gym for the remainder of Your Membership term You may apply to transfer Your Contract to another person (Transferee).

You are responsible for sourcing a Transferee, However, they cannot be an individual who is an existing member or has been a member within the last 3 months.

You must sign all forms required by Us in relation to any transfer and Transferee must complete an Enrolment of Membership.

You are responsible for providing Your access key to the Transferee once the transfer is approved.

We will not permit a transfer unless all fees and moneys You owe to Us have been paid.

You cannot assign any rights or benefits under Your Contract unless you have obtained Our prior written consent.

We may, at any time without Your consent, assign or transfer any rights or benefits under Your Contract by providing You with written notice.

You may engage Us or other independent contractors on Our premises to provide personal training services by signing a personal training agreement with an authorised officer of Ours or the independent contractor.

All personal training sessions must be paid by You in advance.

Any cancellations must be made twenty-four (24) hours prior to the personal training session directly to Your personal trainer via SMS or phone call. You are responsible for ensuring the personal trainer receives adequate notification. Failure by You to provide notice will result in forfeiting the personal training session.

If adequate notice is provided a make-up session must be arranged within the same fortnightly cycle otherwise Your personal training session is forfeited (unless otherwise agreed with Your personal trainer in writing).

If You fail to complete personal training sessions within the fortnightly cycle, We are not obliged to refund or credit personal training sessions.

You may place Your personal training agreement on hold by providing notice to Us at the Gym where your personal training sessions are held at least seventy-two (72) hours prior to the billing date. Notice is to be provided using our electronic Membership Change Form. Personal training freezes are for set time periods only and any charges after this period will not be refunded. If You wish to use the Gym and other Benefits and freeze Your personal training fortnightly debits, the billing schedule will be amended.

All cancellations of a personal training agreement must be submitted in writing to Us to the Gym at which your personal training sessions are conducted via our electronic Cancellation Form. The minimum notice period is two (2) weeks and depending on Your fortnightly payment schedule a pro rata amount may apply.

If You:

All bookings for group training can be made online, via the One Playground App or Website, or over the phone to the Gym.

You must sign in upon entry to the class and provide Your name to the group instructor signing in on the iPad or other device provided.

If You have not booked for a class, You are not guaranteed a position within the class and We may refuse You entry to the class.

If You are booked in for a class and need to cancel You are encouraged to cancel at least 10 hours prior to the class starting, otherwise it will be regarded as a Late Cancellation. We forgive 2 Late Cancellations per calendar month. However, should You miss any further classes without providing Us with at least 10 hours’ notice (by cancelling your booking via our One Playground App) You will incur a Late Cancellation charge of $5.

If You are booked in for a class and do not attend, You will be charged a $15 No Show fee.

If You Early Cancel more than 10 classes per month, We reserve the right to charge You an $5 fee per Cancellation over and above this limit or restrict your access to classes for a period of time.

You may downgrade Your membership and remove the group-training component of membership with fourteen (14) days’ notice to Us by filling out the relevant Membership Change form and submitting it to one of Our staff at your nominated Gym.

You are responsible for advising The Bunker of changes to Your personal information. If Your personal contact information or other details change, You must update Us as soon as possible for the purposes of billing, marketing and contacting You.

Where The Bunker is required to provide any written notification, The Bunker will send the notice to the email or home address on the Enrolment for Membership or any updated address You have provided to Us since joining.

Any notice sent by The Bunker in accordance with this clause will be deemed received by You three (3) business days from the date of dispatch.

Unless otherwise expressly specified in the Member Terms, any written notice or completed form provided to The Bunker must be sent by email or given in person. Only notices delivered to Us in one of these two ways will be considered a valid notice.

We take the privacy of our members seriously and our Privacy Policy is available in the Gym and on the website at www.thebunkergym.com.au/privacy-policy/.

The Privacy Policy explains the ways which we collect, use, store, protect and disclose your personal information.

We collect personal information from You to provide You with the Benefits, to administer Your membership with Us and for the other purposes described in Our Privacy Policy. In most cases, We collect Your personal information directly from You, including through your pre-exercise questionnaire, Enrolment for Membership any other forms supplied by Us and in the course of Our other communications with You, which may occur through www.thebunkergym.com.au or when you call or contact Our staff.

If You do not allow Us to collect Your personal information, we may not be able to provide You with some or all of the Benefits, administer Your membership with Us or conduct some or all of the other activities described in Our Privacy Policy.

With Your consent, we may also collect personal information which relates to Your physical health or condition, including (without limitation) when you completed Your pre-exercise questionnaire, so that we can assess your general health, wellbeing and Your readiness for physical exercise and for the other purposes set out in Our Privacy Policy. If you do not provide this information, You will not be able to use the Gym. If we believe that You have any health issue or if your pre exercise questionnaire is not fully complete, We may require You to obtain a medical certificate before We consider Your Enrolment for Membership further

In order to provide the Benefits and for the purposes set out in Our Privacy Policy, We may disclose some of Your personal information to our related bodies corporate and to other persons or entities as outlined in Our Privacy Policy. Should You default on payments due to Us, We may disclose Your personal information by notifying the default to a credit reference agency or third party to obtain payment from You. Other than as set out in Our Privacy Policy, We will not share Your personal information without Your consent unless we are required to do so by law.

Our Privacy Policy explains how You may access and correct the personal information that we hold about You. It also sets out how You may conduct Us to complain about a breach of the Privacy Act, and how We will deal with such a complaint. If You have any questions or concerns about privacy or if You would like further information about Our privacy practices, please refer to our Privacy Policy.

If You are using internet and social media in the Gym and on Our facilities, You must abide by the terms of use and applicable Member Terms.

You are personally responsible for the content that You publish online, whether in a blog, social network or social computing site or any other form of user-generated media.

We advise mindfulness, that what You publish will be public for a long time. In the circumstances, You agree to protect Your privacy and take care to understand a site’s terms of service.

You acknowledge and agree to be careful when sharing Your location and to protect Your own privacy and security.

We are not responsible or liable for any breach to Your privacy, security or harassment or bullying which You may encounter online or while using Our internet, shared network or machinery.

Under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) (CCA), we guarantee the services we supply are:

By entering into the Contract, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

Nothing in the Membership Terms excludes, restricts or modifies any terms; conditions; warranties; guarantees, rights or remedies which cannot be lawfully excluded, restricted or modified. Otherwise, unless expressly included in the Membership Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to the above, we are not liable for death or injury caused by Our negligence or breach of implied terms that the Benefits will be provided with reasonable care and skill at common law. This does not exclude Our liability for reckless conduct.

Subject to any breach by Us of the Membership Terms or Our legal obligations You acknowledge and agree that Us, Our directors or nominated agents, contractors, staff or shareholders are not liable for any loss, damage or personal injury suffered by You, whether directly or indirectly arising out of any act or omission by Us, Our directors, agents, contractors, staff or shareholders.

You acknowledge sole responsibility for any personal equipment or belongings. You promise not to unnecessarily bring valuables into the Gym. The Bunker will not be held liable for any loss, damage or theft of property belonging to or brought onto the Gym by You or a Guest, unless such event is due to the negligence of The Bunker

You agree to pay Us for any loss and damage to the Gym or any of Our property caused by You or Your guest through a wilful, wrongful or negligent act or as a result of Your, or their breach of the Membership Terms.

The Bunker has an emergency or crisis response procedure which is displayed in Our Gyms and must be followed by You in any emergencies.

You acknowledge and agree first aid kits are not available outside the Staffed Hours.

The Bunker may amend the Membership Terms and will display any changes in the Gym or on the Website. This includes changes to any Gym’s opening and closing hours, the Benefits and Membership fees.

Any changes will be effective immediately and You will be deemed to have accepted them by continuing to use Your Membership.

If you have any concerns about a Gym or the Benefits or anything else in relation to Your membership, You should first raise it with Our staff and if You are not happy with the response, You may make a complaint to the Gym Manager, who’s details can be obtained from the Gym office during staffed hours.

If you believe a member of Our staff, independent contractor or another member harassed You, please make Us and the appropriate authorities aware immediately.

If your nominated Gym is relocated for any reason, outside of Our control, We will offer You a transfer to another Gym within a 20km radius of your nominated Gym.

If your nominated Gym is relocated and You are within the 20km radius of your nominated Gym, You are not entitled to cancel Your Membership.

We are not responsible if You cannot use a Gym because of an event caused by a natural force (such as fire or flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than thirty (30) days, then we will offer you a transfer to another Gym within a 20km radius to your nominated Gym.

The failure by Us to enforce any of Our rights at any time for any period is not to be construed as a waiver of these rights.

Any failure by Us to identify or act upon a breach of Your Contract is not to be deemed to be an affirmation by Us that Your behaviour is acceptable.

If a Court decides that any section of the Contract is invalid or unenforceable, that section will be deleted from the Contract.

The laws of New South Wales apply to the Contract.