EMF MEMBERSHIP TERMS AND CONDITIONS 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, the following terms have the corresponding meaning unless stated otherwise: 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth). 
Club means any EMF gym or facility. 
Terms means these Terms and Conditions, as updated from time to time. 
Us, we, our and EMF refers to EMF Investment Holdings Pty Ltd ACN 632 133 914 and each of our subsidiaries and Related Bodies Corporate as defined in the Corporations Act 2001 (Cth). 

2. Becoming a Member of EMF

2.1 If you are intending to join an EMF gym or facility (Club), you should read and understand these Terms before you complete our membership form. By completing a membership form, you accept these terms and agree to be bound by these Terms. 

2.2 The membership agreement between you and the Club comes into effect once a membership form has been completed by you and accepted by a duly authorised officer of the Club. 

2.3 These Terms apply to all members and other casual clients using a Club’s facilities. 

2.4 Our Terms are always available via our website at www.emfpc.com.au. 

3. Access to your Club

3.1 Provided that you: 

• remain a member of your Club with an up-to-date account; and 
• comply at all times with these Terms (as updated from time to time under clause 4.1),

you are entitled to use the facilities of the Club during the Club’s normal opening hours. 

3.2 We reserve the right to collect your personal contact information and photo for identification purposes upon initiation of your membership. 

3.3 If you are issued with a membership tag, this must be shown on entry to the Club. Access to the Club may be refused if you do not have your tag or if you cannot provide adequate evidence of your identity and membership. 

4. General Terms and Conditions

4.1 We may amend these Terms from time to time. Subject to clause 4.2:

• we will give members written notice of any amendment by displaying the amendment in the Club at reception and on our website;
• where the amendment varies a fee, materially reduces a benefit, or otherwise materially affects a member’s rights under their membership agreement (a Material Amendment) we will notify the member directly by email (using the contact details registered to your membership account);
• where we notify a member of a Material Amendment, the member may terminate their membership agreement without further liability by giving us written notice before the amendment takes effect; and
• the most up-to-date version of these Terms is available on our website.

4.2 In completing a membership form or otherwise accepting these Terms, you agree that the fee adjustments provided for under clauses 7.4 to 7.6 are terms approved by you as a condition of your membership and are not amendments as contemplated by clause 4.1.

4.3 If you behave in a manner considered by us to be unacceptable, we reserve the right to refuse entry to you and to cancel your membership. We will act reasonably in exercising this right. Unacceptable behaviour includes, but is not limited to: disruptive or threatening behaviour, causing damage to Club premises or equipment, abusive language directed at staff or other members, filming or photographing other members, harassment, bullying or intimidating staff or members, failing to follow a reasonable safety direction from staff, dropping weights, smoking or vaping within the Club, or the use of any illicit substance. 

4.4 To access the Club’s 24/7 feature, you must hold a valid membership tag, which will be issued after you have completed your safety induction. 

4.5 Should you lose or damage your membership tag, you will be subject to a replacement fee. Replacement fees generally range from $20 to $50, depending on the type of tag originally issued to you. 

4.6 Members are not permitted to use their membership tag to allow other individuals (whether members or not) to access the Club, or to lend their membership tag to any other individual. 

4.7 If you lose or forget your membership tag, you must not ask another member to grant you entry to the Club. 

4.8 Should you allow another person to enter the Club by following you through a secured door (tailgating), you will be subject to a $99 tailgate fee. All 24-hour access doors are monitored by surveillance and tailgating is reviewed daily by staff. 

4.9 A towel must be used at all times throughout the gym and must not be shared with others. Clean, fully enclosed sports shoes must be worn at all times within the gym floor. In consideration of other members: 

(a) a singlet or t-shirt must be worn at all times; and 

(b) all clothing must be clean, tidy, and must not feature any offensive print. 

4.10 Children 13 years of age and under are not permitted within the Club at any time unless attending childminding services or authorised children’s classes or programs, or unless otherwise approved by management. 

4.11 We will contact members occasionally regarding important information relating to their membership, using the contact details provided when you signed-up. It is your responsibility to ensure your contact information is kept up to date to prevent important communications from being missed. 

5. Your Health and Physical Condition

5.1 By accepting these Terms, you warrant to us that you are in good physical health and condition, and that you are not aware of any medical or other matter that might be detrimental to your health, safety, comfort or physical condition: 

• as at the time you joined the Club; and
• each subsequent time you enter the Club and utilise its facilities or undertake training with any of the Club’s personal trainers.

5.2 You acknowledge and agree that we have relied upon your warranty in clause 5.1 when agreeing to allow you to become a member of the Club. 

5.3 You must notify us of any condition that may impede or prevent you from using our facilities safely or as they are intended. If we require evidence from your doctor that you are in sufficient physical health to participate in an activity, you acknowledge and agree that: 

• you are responsible for obtaining and delivering such evidence to us; and 
• we may refuse to allow you to participate in the relevant activity until medical clearance has been received.

5.4 You must not use any of the Club’s facilities while suffering from any contagious illness, disease or infection, or when suffering from any physical ailment where there is a risk to the health or safety of yourself or other members. 

6. Use of Facilities

6.1 It is your responsibility to ensure that you correctly operate any equipment at the Club. If you are in any doubt as to how to do so, you should consult a member of staff before use. 

6.2 If you cause any damage to any equipment or facilities at the Club, you must notify a member of staff immediately. You may be held responsible for the cost of repair or replacement if you intentionally misuse equipment, and you indemnify us against any loss or damage we suffer in this regard. 

7. Fees

7.1 All membership and other fees are payable in advance, unless otherwise agreed in writing, and are non-refundable unless legally required under the Australian Consumer Law. When joining the Club, you will be responsible for paying your membership fees for the duration of your membership as shown in the signed Membership Form (as adjusted under clauses 7.4 to 7.6). All fees are quoted inclusive of GST. 

7.2 Payment may be made by direct debit only, unless an upfront membership plan is selected. You acknowledge that our direct debit merchant will charge $7.00 per failed transaction attempt. It is your responsibility to ensure you have sufficient funds available to meet the payment requirements associated with your membership. 

7.3 If any fees are outstanding, we will be entitled, without obtaining further authority from you, to charge them to your nominated account. However, we will not do this if you have given us written notice disputing a payment, and there is an open investigation.  

7.4 Subject to clause 7.5, from 1 October 2026:

• all payment processing costs will be incorporated into membership rates making membership rates all-inclusive (no separate bank fee, card surcharge or payment processing fee will be charged to your account in addition to your membership rate); and
• all membership rates that applied prior to 1 October 2026 will be increased by a payment processing cost contribution of $2.00 per week in order to convert the membership rate to all-inclusive membership rate. This contribution replaces and supersedes any separate bank fee and card surcharge charged prior to 1 October 2026.

7.5. Notwithstanding clause 7.4, a surcharge of up to 4% still applies to American Express payments, to the extent permitted by applicable law and not exceeding our reasonable cost of acceptance. 

7.6. In completing a membership form or otherwise accepting these Terms, you acknowledge and agree that:

(a)   your membership rates will be subject to an automatic annual adjustment of up to three percent (3%) per annum, applied on the first day of each financial year (1 July) to the rate in effect at that time (Annual Rate Adjustment); and

(b)   we are not required to provide notice prior to each Annual Rate Adjustment taking effect.

8. Fees in Default

8.1 Where any member defaults in the payment of their membership fees on two or more occasions (Payment Default), the following provisions will apply. 

8.2 In the event of a Payment Default, we will have the right to immediately pause your access rights until the outstanding amount has been paid in full. Once the outstanding fees have been paid, your access rights shall resume. Your regular membership payments during this period remain payable. 

9. Expiry and Renewal of Membership

9.1 Where the membership agreement is a 12-Month Membership, your membership will continue on a month-to-month basis following the expiration of your initial 12 month membership term, unless and until you elect to terminate under clause 11.3(a).

9.2 We reserve the right to increase membership fees at the cessation of the initial 12 month membership term of a 12-Month Membership (including by up to 3% per annum in accordance with clause 7.6) by giving no less than thirty (30) days’ prior written notice to members, using the contact details registered to each member’s account.  Members acknowledge and agree that following the expiration of an initial 12 month membership term, members will have the right to terminate under clause 11.3 if any increase in membership fees as contemplated by this clause is not acceptable to the member.

10. Membership Hold

10.1 All members are entitled to up to 28 days of hold every 365 days (Membership Hold). Any debits due within the dates of the Membership Hold will be reduced to $1.00 per day. During a Membership Hold, access to your Club will be restricted. Standard membership payments will recommence on the date of your agreed return. 

10.2 For the purposes of this clause, 365 days means each year beginning from the date the member commenced their membership with the Club, resetting on the anniversary of that date each year. 

10.3 Payments made at the reduced membership hold rate do not count as standard membership payments towards a member’s minimum contracted term. Placing a membership on hold will extend the date on which the member completes their minimum membership term.  

11. Cancellation or Termination of Membership

11.1 All membership agreements are subject to a 7-day cooling-off period, commencing on the date you sign and submit your membership form. Any membership cancelled within this period may be subject to an administration fee of up to $75, plus the cost of any gym use which occurred during the cooling-off period. 

11.2 Membership cancellation forms can be completed and submitted in the Club, or if you are unable to attend, please email your cancellation request to info@emfpc.com.au.

• Where the membership agreement is:

• a 12-Month Membership, then (unless terminated during the cooling-off period):
• clause 11.5 will apply to any termination that this effective during the initial 12-month membership term;
• where written notice of termination is given during the final month of the initial 12-month membership term, the termination will be effective on the final day of the initial 12-month membership term; and
• from the final day of the initial 12-month membership term, you must provide 28 days’ prior written notice of the termination of your membership; and
• a Flexi Membership, then (unless terminated during the cooling-off period), you must provide 28 days’ prior written notice of the termination of your membership.

11.4 Where a membership agreement is terminated under clause 11.3, you will continue to be charged applicable membership fees and will remain liable for the payment of all such fees for the notice period until the date that your termination is effective.

11.5 Where a 12-Month Membership Agreement is terminated during the initial 12-month membership term, the remaining balance of memberships fees apply.

11.6 Any fees payable by you in respect of the termination of your membership are to be paid in full at the time of your termination request or will be automatically debited from the authorised payment method on file. 

11.7 If you wish to terminate your membership due to illness or injury, you should submit your request in writing with supporting evidence (such as a doctor’s certificate) in Club, or if you are unable to attend, please email info@emfpc.com.au and your request will be assessed by the cancellations team. 

11.8 We may cancel your membership by giving you notice if you fail to pay any fees within 30 days of the due date. 

11.9 The termination of your membership under this clause 11 will bring the membership agreement to an end but will not affect any rights accrued by either party prior to the termination date. 

11.10 Subject to our rights in respect of your breach and as otherwise provided by these Terms, we may terminate your membership at any time and rights of admission be reserved. Where we terminate your membership under this clause, we will refund a pro-rata amount of any prepaid membership fees relating to the period after the date of termination. Termination under this clause does not affect any rights or obligations accrued by either party prior to the date of termination. 

12. Personal Training

12.1 All personal trainers present at the Club are sub-contractors, and all fees relating to their services are set by them personally. Personal trainers are not our employees and operate privately owned personal training businesses. Any instruction or recommendation made by a personal trainer is not a reflection of us or our policies or procedures. 

12.2 Only personal trainers authorised by us may operate within the Club and utilise our facilities. No member is permitted to bring an unauthorised third-party trainer into our facilities at any time. Bringing an unauthorised trainer into the Club may result in suspension or cancellation of your membership. 

13. Failure to Attend Class

13.1 Any failure to attend a pre-booked class will attract a $10.00 no-show fee, which will be automatically debited from your nominated account. 

13.2 Failure to attend three pre-booked classes without cancelling in advance will result in a 30-day suspension of your class booking privileges. 

14. Personal Property

14.1 You are responsible for the care and safe keeping of your personal property and valuables while on Club premises. Subject to your rights under the Australian Consumer Law, we do not accept any liability in connection with the loss of or damage to your personal belongings while you are on Club premises, and by accepting these Terms you agree to release us and hold us harmless in connection with all such matters. 

14.2 We recommend that you bring no valuables onto our premises. If using available lockers, we recommend using a lock to secure your personal effects. Property left in lockers for longer than 24 hours will be removed and placed in lost property for claiming. Lost property is disposed of or donated every fortnight. 

15. Data Protection

15.1 Personal information obtained by us concerning you will be kept confidential in accordance with our privacy policy and all relevant legal requirements, including the Privacy Act 1988 (Cth). You can access our privacy policy at https://emfpc.com.au/emf-privacy-policy/. 

16. Use of Your Image

16.1 Please be aware that we film and take photographs at our Clubs from time to time for advertising and promotional activities. We may use this content across our social media and other platforms. By accepting these Terms, you grant us the right to use any such images or videos for business and promotional purposes. All such material will remain our property and the property of our associated brands. 

17. No Transfer of Membership

17.1 Membership is personal and not transferable, unless prior written approval has been provided by management. 

17.2 Guests may only be invited to the Club after obtaining prior authorisation from management or a staff member. 

18. Minors

18.1 Members under the age of 18 are not permitted to access the Club or utilise its facilities outside of staffed hours. Valid membership tags issued to members under the age of 18 will be deactivated after hours to automatically deny access to the Club. Members under 18 years of age must exit the Club at the end of the Club’s staffed hours. Any member found to have breached this provision, or to have assisted another member in doing so, may have their membership tag removed and their membership terminated by management. 

19. 24-Hour Access

19.1 As some of our Clubs allow 24-hour access, there are certain times at which a Club may be unstaffed or unsupervised. Should you elect to attend the Club at such times, by accepting these Terms: 

• you acknowledge and agree that using the Club at such times may expose you to a greater risk of harm or injury; 
• you warrant that you are competent and sufficiently fit, both mentally and physically, to utilise the Club and its facilities at such times; and 
• you agree to indemnify us and keep us indemnified against any loss, damage, personal injury, death or claim incurred or suffered in connection with your access to or use of the Club at such times, to the maximum extent permitted by law.

19.2 If training alone, it is advised that you use the after-hours distress necklace located under the key holder. 

20. Gym Surveillance

20.1 All of our Clubs are under constant camera surveillance for the protection of the Club, its facilities and its members. 

20.2 The recording of CCTV footage at our Clubs is conducted in a manner compliant with the relevant state legislation of each Club. 

20.3 Any footage recorded is viewed only by us and our authorised officers for the purposes of monitoring our Clubs and their facilities and for the protection of our members. We reserve the right to retain and use footage in connection with any legal proceedings relating to conduct which occurs inside our Clubs. 

20.4 We are required by law to provide copies of requested CCTV footage to police and governing bodies, provided the request is made through the appropriate channels. 

21. Pool, Sauna and Steam Room Access

21.1 By accepting these Terms, you acknowledge and agree that: 

(a) our pool, sauna and steam room areas (Pool Areas) are not supervised; 

(b) there are no lifeguards present within the Pool Areas; and 

(c) you use the Pool Areas solely at your own risk. 

21.2 By accepting these Terms and electing to utilise the Pool Areas, you warrant that you have basic swimming ability and are a sufficiently competent swimmer to use our pool unsupervised. 

21.3 You agree to indemnify us and keep us indemnified against any loss, damage, personal injury, death or claim incurred or suffered in connection with your access to or use of the Pool Areas, to the maximum extent permitted by law. 

21.4 The Pool Areas are accessible only during staffed hours. Use of the Pool Areas outside of staffed hours is strictly forbidden. 

21.5 All members are to respect the rights of others whilst using the Pool Areas. 

21.6 No children under the age of 16 are permitted to use the Pool Areas without a parent or guardian present, or prior approval from management. 

21.7 All members acknowledge and agree to abide by the pool safety rules upon entering the Pool Areas. 

21.8 All members are to shower before entering the Pool Areas. No unauthorised events or activities are permitted within the Pool Areas without prior written approval from management. 

21.9 Appropriate swimming attire or sportwear must be worn within the Pool Areas at all times. Members using the sauna or steam room must be seated on a towel for hygiene purposes. 

21.10 Any member found to be using the Pool Areas in contravention of these Terms, or in a disreputable manner, will have their membership immediately cancelled without refund. 

22. Altitude Rooms

22.1 Altitude rooms within our Clubs are accessible only during staffed hours, and only by members whose membership tag grants access to those rooms. 

22.2 These rooms operate at reduced oxygen levels. Before training in an altitude room, you must complete an altitude induction and sign an altitude waiver confirming that you are aware of and accept the potential risks to your health, including hypoxia, altitude sickness and cardiovascular stress. 

22.3 You must not use an altitude room if you have any cardiovascular condition, respiratory illness, are pregnant, or have any other condition that may be adversely affected by a reduced oxygen environment. If you are unsure, you must consult a medical practitioner before use. 

23. Acknowledgement of Review of Terms

23.1 By completing a membership form, you acknowledge and agree that you have read and understood this document in its entirety and agree to be bound by it. 

24. Breach of Terms

24.1 Without limiting any other provision of these Terms, by accepting these Terms you agree to indemnify us and keep us indemnified from and against any loss, damage, personal injury, death or claim which we suffer, pay or incur as a result of: 

(a) your breach of any of the provisions contained within these Terms; and 

(b) any warranty you have provided to us being untrue at the time you gave the warranty, or becoming untrue subsequently. 

25. Compliments and Complaints

25.1 Compliments and complaints regarding our facilities or service can be made in person at any of our Clubs, sent to our postal address, or emailed to our customer relations team using the contact details below: 

Email: info@emfpc.com.au 

Post: PO Box 970, Nerang QLD 4211 

26. Notices

26.1 Whenever these Terms refer to a requirement for notice to be given (whether by you or by us), all such notices must be in writing. For the purposes of these Terms, written notice includes notice delivered by email to the last known email address of the recipient. Notices sent by email are deemed to have been received at the time of transmission, provided that no delivery failure notification is received by the sender. 

27. Waiver

27.1 Any failure on our part to enforce any provision of these Terms or any Club rules shall not be treated as a waiver of that provision or rule, nor shall it affect our right to subsequently enforce that provision or rule. 

28. Severance

28.1 If any of these Terms are held by a court to be illegal, unenforceable or invalid, the offending provision will be severed from these Terms and the remaining provisions will continue in full force and effect. 

29. Law and Dispute Resolution

29.1 These Terms and your membership are governed in all respects by the law of the relevant state or territory in which your Club is located. 

29.2 If any dispute arises between us, we will act in good faith in an effort to resolve it through direct negotiation. If this is unsuccessful, either party may request that the dispute be referred to mediation through the relevant state tribunal — Queensland Civil and Administrative Tribunal (QCAT) for Queensland Clubs, or NSW Civil and Administrative Tribunal (NCAT) for NSW Clubs. Any dispute not resolved by negotiation or mediation will be resolved by a court of competent jurisdiction. 

30. Australian Consumer Law

30.1 Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law, which cannot lawfully be excluded or limited. If the Australian Consumer Law applies to the supply of goods or services by us and our liability cannot be excluded, our liability is limited, at our election, to: 

(a) in the case of services: the resupply of the services, or the payment of the cost of having the services resupplied; and 

(b) in the case of goods: replacement, repair, or the payment of the cost of replacement or repair. 

31. Force Majeure

31.1 We will not be liable to you for any failure or delay in performing our obligations under these Terms where that failure or delay arises from circumstances beyond our reasonable control, including but not limited to: pandemic or epidemic, government-directed closure, natural disaster, fire, flood, act of God, war, terrorism, civil unrest, industrial action, power failure or infrastructure failure (each a Force Majeure Event). 

31.2 If a Force Majeure Event affects our ability to provide access to a Club for a continuous period exceeding 30 days, you may elect to place your membership on hold for the duration of the event, or to terminate your membership without penalty by providing written notice to us. No early termination fee will apply in such circumstances. 

32. Electronic Communications

32.1 By accepting these Terms, you consent to us sending you electronic communications (including email and SMS) for the following purposes: 

(a) notices, billing alerts and payment reminders relating to your membership; 

(b) Club operational updates, safety notices and policy changes; and 

(c) where you have separately opted in: promotional and marketing communications. 

32.2 You may withdraw consent to receive marketing communications at any time by contacting us at info@emfpc.com.au or by clicking the unsubscribe link in any marketing email. Withdrawal of consent to marketing communications does not affect your consent to receive operational or billing communications.