AMPM HQ Terms and Conditions

1. Things to know at the start of your membership

As a member, you can use our facility in line with these terms and conditions, including the facility code.

1.1 What types of membership do we have?

  • Weekly Membership – $44.00 p/w
  • Fortnightly Membership – $88.00 p/f
  • Monthly Membership – $176 p/m

All memberships will automatically renew after each nominated term (week, fortnight, month).
All memberships include access to all classes and open gym.
From time to time, we may have promotional memberships on offer. These memberships are only available during their promotional periods. Promotional offers are at the discretion of AMPM Headquarters. Details of these promotional memberships will be listed in the membership description.

We also have trial and casual passes:

  • 14 Day Trial – $14 (expires after 14 days)
  • Casual – $20 (valid for one class)
  • Casual, 10 Pack – $150 (valid for 10 classes, expires after 3 months)

All trials and casual passes include access to all classes and open gym. These are available to new clients only and are not discountable. Trials and casual passes are paid for upfront and do not automatically renew.

1.2 Do we offer any discounts?

Using a concession discount
You will receive a 25% discounted membership if you are a:

  • full-time student or pensioner
  • senior’s cardholder

If you are a student, you must show us proof that you qualify for a concession before commencing your membership and before your anniversary each year. If you no longer satisfy our criteria, we can upgrade you to the standard membership. Before we change your membership, we will write to you about any changes to your fee (see 2.5) and give you 28 day’s notice. You may cancel your agreement in this time (see 3.1).

Setting up a family membership

We offer a 15% discounted rate on memberships to immediate family, if:

  • we can link the family member/s to a primary, full-paying member
  • the primary member agrees to pay for the membership/s from the same account

If the primary member cancels his or her membership, the family member’s fees will still be debited from the primary member’s bank account but not at the discounted rate.
If the primary member cancels these payment details, the family member must then pay for his or her own membership but not at the discounted rate.
To obtain any of these discounts, you will need to visit us at AMPM Headquarters.

1.3 How old do you have to be?

Meeting our minimum membership age

You must be at least 13 years old to become a member.

Joining aged 13–17

If you are under 18, a parent or guardian must co-sign your membership agreement. You can then:

take part in group fitness classes
do unsupervised training during staffed hours

Kids classes

For children aged between 6 and 12 years old, a parent or guardian must sign a waiver on their behalf before participating in a kid’s class.

1.4 When does your agreement start?

Signing your agreement

You have an agreement with us when you have signed it and we have accepted it. If these terms and conditions or your agreement differ from anything you are told at the facility or over the phone, these terms and your agreement will apply, unless written confirmation is received from AMPM Headquarters.

Paying a join up fee

You do not need to pay a join up fee. The join up fee ($100) has been permanently waived.

Understanding our rights

If we do not enforce our agreement rights at any time, it does not mean we have waived those rights, no matter how long we wait. If there is a miscalculation in your membership agreement, we have 5 days after the agreement is signed to correct it.

1.5 Can you change your mind?

Cooling off period

You can cancel your agreement during your cooling off period. You have 48 hours from the time you sign your initial agreement to cancel your membership, please see 3.1.
We will then cancel your agreement and refund your initial payment.
This is only applicable for new membership agreements.

1.6 What about your health?

Promising you are in good health

On the day you sign your agreement and each time you use our facility, you promise us that:

you are in good physical condition
you know of no medical or other reason why you cannot or should not do active or passive exercise.

Seeking expert advice

Our staff and contractors are not medically trained. They are not qualified to assess if you are in good physical condition and can exercise without risking your health, safety or comfort. If you have any doubts, we strongly urge you to seek expert advice before starting an exercise program.

2. Things to know during your membership

2.1 When do you pay membership fees?

Paying for ongoing memberships

You pay fees for ongoing memberships in advance each week, fortnight or month, by direct debit from a bank account or credit card via Ezidebit.
You can pay your fees as far in advance as you like, up to the legal time limits. However, you still need to give us your account details for when your advance payments end.

Paying upfront

You can pay upfront for your memberships. Please visit us at AMPM Headquarters to do so. For a Pre-Paid membership, you will pay on the day you buy it.

2.2 How do direct debits work?

Paying your membership fees

Membership payments start from the day you sign your agreement. We debit your fee from your nominated bank account or credit card using Ezidebit. Debit dates are different for all members and debts may take up to 5 days to come out of your account.

Please note that:
if one falls on a public holiday, we will debit your account on the next business day

See also 5.2 for our privacy statement and acknowledgment.

Meeting your responsibilities

You must make sure:

  • your account can accept direct debits (your financial institution can confirm this)
  • there is enough money in your account on the payment day and the next 5 days
  • you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
  • you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.

Please tell us and your financial institution if you want to change or stop your direct debits.

Querying a payment

If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

2.3 What happens if your payment is late or fails?

Losing your facility access

If you do not fully pay your fees on the due date, we will suspend your access until your payments are up to date and you have given us your account details.
If a direct debit is returned unpaid, a failed payment fee is payable by you to Ezidebit for each failed transaction. The usual failed payment fee is $14.80. In some circumstances a fee up to $25.00 may be applied *.
*Calculated on total amount of payment, by Ezidebit.

Paying your outstanding debts

We will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make a reasonable effort to let you know beforehand by:

  • phoning you
  • speaking to you at our facility
  • emailing you

For membership/s in your name, you must make sure that the payment method you choose continues for the length of your agreement. This includes third-party accounts. If the details you give us fail, you are liable for all resulting fees. You should update your details.

2.4 Can we change your agreement?

Staying up to date with our terms

We may sometimes add to, change or remove our terms and conditions. This includes changing our facility’s opening and closing hours, its services and facilities and membership fees. Sometimes, we may also close our facility for refurbishment and improvements. We do not reduce your membership fees because the facility is undertaking renovations or for holiday closures.
The most up-to-date terms and conditions always apply. You can find copies at AMPM Headquarters or on our website at www.ampm.fit.

Being notified about changes

We will give you at least 28 day’s notice of any changes, for instance by:

  • publishing them in our newsletter or on our website
  • placing a notice in the facility
  • phoning you or writing to you via email
Cancelling your membership

If we do not fulfill our obligations to you, you may be able to cancel your membership (see 3.1).
Unless the law states otherwise, you won’t have any other claim against us if this happens.

2.5 Can we increase your fees?

Being notified about changes

We reserve the right to increase your fees at any time. We will make a reasonable effort to tell you about this at least 28 days beforehand by writing to via email. We will consider that you have received our email on the second business day after it is sent.

Authorizing us to increase debits

Where we have made a reasonable effort to let you know about a fee increase, you authorize us to increase any debits from your nominated bank account or credit card.

2.6 Can you freeze your membership payments?

Using a ‘static hold’

You can freeze your membership for 1 or more weeks, with no maximum, each calendar year. The static hold fee for all memberships is $5 per week, which you can pay in advance or by direct debit.
If you have a medical reason or become bankrupt, we will not charge you for this extended static hold to allow you time to recover.

Understanding the conditions

Before freezing your membership, you must make sure your fees are up to date and you don’t owe us any money.
We cannot backdate any static hold requests. You must request a static hold when you need it.

2.7 How do you attend a class?

Book a class

To book a class, you must do so via:

All classes are capped to ensure they are safe and you receive adequate attention from the instructing coach. If a class is full, you will be placed on the waitlist and notified if a spot becomes available.

Checking in for a class

On arrival to a class, you will find your name on the class list and check in.
Failure to check in, will result in a no-show.

Late cancels and no-shows

To cancel a reservation of a class, you must provide 3 hours’ notice. If you cancel within 3 hours of class commencing, you will be charged a late cancellation fee of $5 per class which will be charged within 30 calendar days of the class. You will only be charged this fee after you have accumulated 3 x Late Cancel’s on your membership

If you reserve a class, and do not attend or cancel, you will be charged a no-show fee of $10 per class which will be charged within 30 calendar days of the class. You will only be charged this fee after you have accumulated 3 x No Show’s on your membership.

If you are using a casual pass to reserve a class and you do not provide 3 hours’ notice when cancelling a class or you do not attend a class, and are a no-show, this pass will be debited from your account and will not be refundable.

2.8 How can you protect your health?

Telling us about your health risks

If you believe any facility activities might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join.

We may choose to refuse your membership agreement until:

  • your doctor agrees in writing that you are fit to exercise
  • you show us proof that you have received medical advice on an appropriate exercise program
Managing infections and illnesses

You must not use the facility if:

  • you have an infection, contagious illness or physical ailment, such as an open cut or sore
  • there is any other risk, however small, to other members and guests

2.9 How can you give us feedback?

We welcome your feedback

Your feedback is important in helping us to provide a great service therefore we welcome any comments or questions about our facility, website or service. If you have a complaint, we will follow our complaints process, which has been developed with Consumer Affairs. Please contact us via one of the methods listed below.

At AMPM Headquarters

Our staff are always happy to help. Ask at reception or call us on 07 5554 5002. If you’d like to speak to our manager, let our reception team know. If no managers are immediately available, the reception team will ensure someone contacts you as soon as possible. You will hear from us within 5 business days. We recognize that some enquiries are more complex than others and may require more time to resolve but we will always let you know.

Mail Us

Alternatively, you can contact us in writing and send it to:
Manager
AMPM Headquarters
4/56 Paradise Avenue
Miami, QLD 4220
You will hear from us within 5 business days.

3. Things to know at the end of your membership

3.1 How can you cancel your membership?

Cancelling your membership

You can ask to cancel your membership by visiting us at AMPM Headquarters during staffed hours and completing a Cancellation Form. Cancellations cannot be completed via email or phone.

Confirming your request

When you do this, please always:

  • give us your email address so we can confirm your request in writing
  • keep a copy of your request

You or we may cancel your membership at any time.
When you cancel, you must pay us any fees you owe or we may take action to recover them.

Giving us notice

You must give us 14 days’ notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request. You will pay any direct debits that are scheduled during the 14-day notice period and will have facility access until the pass associated with your final direct debit has expired.
You cannot static hold your membership payments during the notice period.

Cancelling if changes to our terms & conditions adversely affect you

You can cancel your membership at any time if we change or add to these terms and conditions or the facility code and these changes adversely affect you.
You can also cancel your membership if we breach our obligations and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
In either case, you need to give the facility 7 days’ notice.

Manage your membership online through ‘AMPMHQ’ app

You can manage the following through the AMPMHQ app:

  • change your personal details
  • update your payment details, make a payment and view the details of your next payment

4. Facility Code

You must follow our facility code. Please read and follow all signs and handouts that tell you what to do. If you don’t understand something, please ask for help.

4.1 What rules apply to our facility?

Respecting our equipment

You are responsible for using our facility and equipment correctly, including adjusting levels or settings. If you are not sure how to operate any equipment, please ask our staff before you use it.

Our facility also has high risk equipment. You must be supervised at all times by AMPM Headquarters staff whilst using this equipment. This equipment includes, but is not limited to:

  • salmon ladder
  • aerial silk/hammock
  • peg board
  • warped wall
  • climbing ropes
  • gymnastics rings

You will be responsible for any damage that you or your guests cause through a willful act or negligence.

As a courtesy to other members, please:
use a clean towel during all classes and when you use equipment, including exercise mats
put equipment away after use

You must not use a camera in our facility without written permission.

Taking care in wet areas

Our facility has a shower and kitchen that you may use. However, note that these areas are unsupervised and you use them at your own risk.

Please supervise children closely.

Keeping your belongings safe

We have bag racks you can use while exercising but these are not security lockers. Please keep do not bring valuables into the facility.
Unfortunately, thefts do happen. We cannot accept responsibility for any loss or damage to your belongings while you are at the facility.
If you leave belongings in a bag rack overnight, we may remove them. We give lost property to charity each month, including unclaimed items from bag racks.

Wearing suitable clothes

All members and guests must wear suitable clothes and enclosed sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.

Respecting others

Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include:

  • verbal or physical intimidation;
  • harassment;
  • discrimination on the basis of race, sex, age or any disability another person may have
Parking

You park in the facility’s car park or on facility premises at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

4.2 Can you bring guests to the facility?

Paying for guests

You can bring guests into the facility for a discounted fee. Please phone our facility to learn more.
For security reasons, children can only wait in the facility if accompanied by an adult who is seated with them.

Meeting our conditions

Your guests must:

  • be at least 13 years old
  • complete a waiver
  • follow the terms set out in all signs and handouts.

4.3 What happens if you break the code?

Being refused entry or receiving a warning

We can refuse entry to anyone, including members, if they act unreasonably or break the code. We may also warn you that you risk having your membership cancelled. If you continue to behave in the same way, we may cancel your membership immediately.

Facing instant cancellation

We can cancel your membership without warning if you behave in a way that is risky or seriously inappropriate, such as:

  • threatening or harassing others
  • damaging equipment
  • instructing other members when we have not authorized you to do so.

5. Legal stuff you need to know

5.1 What are your responsibilities?

Meeting your responsibilities

Your responsibilities, including payment of membership fees, do not depend on how often you use our facility.

You must tell us about anything that affects your membership, and any changes to your contact and bank details.

Promising to take care

You promise to:

  • make sure that you know how to exercise safely, by asking if necessary
  • use your best endeavours to exercise safely
  • not take valuables into the facility, even if you plan to put them in a bag rack.

5.2 Do we have a privacy policy?

Understanding our privacy policy

During your membership, we will have access to personal information about you, such as about your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.

This Privacy Policy applies to the services offered by AMPM Headquarters Pty Ltd (ABN 21 619 041 566) (AMPM Headquarters).

1.Statement of Commitment

AMPM Headquarters is committed to protecting your privacy and any personal information we collect. AMPM Headquarters complies with the Privacy Act 1988 (Cth). This policy explains how we may collect, use, disclose and otherwise handle personal and sensitive information.

AMPM Headquarters is committed to safeguarding personal privacy. It recognizes that individuals have a right to control how their personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, AMPM Headquarters will only collect and use personal information as set out below.

For the purposes of this Privacy Policy personal information may mean some or all of the following: a member’s name, contact details, date of birth, emergency contact details, bank account and/or credit card details, student identification details, employment details, payment history and sensitive information.

2. Collecting personal information

AMPM Headquarters will not collect or monitor any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily by a member or prospective member.

We collect personal information primarily to enable us to provide members with our services. AMPM Headquarters may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).

You don’t need to identify yourself when you deal with us (e.g. to find out more about membership packages) however in certain situations we will only deal with individuals who have identified themselves to us.

When a membership or product is purchased personal information will be requested in order to provide the requested service or product, provide updated information, and advise of other AMPM Headquarters products, which may be of interest. You are not obligated to provide personal information however failure to do so may result in AMPM Headquarters being unable to provide services or products to you.

Personal information is collected directly from members or potential future members when they personally complete and submit an application form to become a member of AMPM Headquarters. This can be done in person at our facility, on line via our website or via the AMPMHQ app.

3. Collecting Sensitive Information

For the purposes of this Privacy Policy sensitive information means the information a member has disclosed to us about their physical and mental health and well-being.
Sensitive information will only ever be used for providing services to members. Such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of AMPM Headquarters, any AMPM Headquarters company, or any member of the public, or to lessen a serious threat to a person’s health or safety. For the purposes of this Privacy Policy sensitive information is a subset of personal information.

4. Use of tracking technologies

AMPM Headquarters uses tracking technologies such as cookies or web beacons to make use of the website and services as convenient as possible. Cookies are pieces of information that a web site transfers to a computer’s hard disk for record keeping purposes. Web Beacon is a technical method that sends information related to the access to websites, when you browse websites, open or preview an HTML-formatted email. Most web browsers are set to accept tracking technologies such as cookies or web beacons. These tracking technologies do not themselves personally identify users, although they do identify a user’s browser. These tracking technologies allow AMPM Headquarters to monitor the AMPM Headquarters web site, and to record how many people are using the different parts of the site. It is possible to set the browser to refuse tracking technologies such as cookies or web beacons, however, this may limit the services provided by AMPM Headquarters’ web site.

5. Using and disclosing your personal information

Personal Information will be used for the following primary purpose:

  • To fulfil obligations under a member’s membership agreement and/or any other contract between him/her and AMPM Headquarters;
  • To render services under a member’s membership agreement;
  • To provide information about products, service and/or special offers to members;
  • To obtain opinions or comments about products and/or services from members;
  • To record statistical data for marketing analysis from members.

AMPM Headquarters may employ other companies or service providers to assist us in providing our services, including (but not limited to) marketing, market research, mail-house services, hosting and product development services, analysis of member lists and/ or consulting services. These third parties may have access to personal information that is needed to perform their specific function. They cannot use that information for other purposes.

AMPM Headquarters recognize the trust with which individuals provide personal information, and such information will not be used or disclosed for any other purposes without consent, except in exceptional cases when disclosure may be required by law or is necessary to protect the rights or property of AMPM Headquarters, any AMPM Headquarters group company, or any member of the public, or to lessen a serious threat to a person’s health or safety.

6. Contact by AMPM Headquarters

AMPM Headquarters does not send advertising information without obtaining prior consent. If an individual receives communications from AMPM Headquarters which they do not wish to receive, they may remove their name from the database by contacting AMPM Headquarters at hq@teamampm.com.

7. Individual’s right of access

Individuals have the right to review, amend or delete personal and/or sensitive Information that may be recorded on the AMPM Headquarters database. Information may be reviewed, amended or deleted visiting us at AMPM Headquarters or by phoning 07 5554 5002.

A request may be made to delete personal and/or sensitive information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons.

Deletion of information may result in AMPM Headquarters being unable to sell products directly and/or provide certain services including after sales services.

8. Storage and security of personal and/or sensitive information

AMPM Headquarters takes all reasonable steps to keep secure personal information recorded and to keep this information accurate and up to date. The personal information is stored on secure servers if in digital format, or in locked areas if in hardcopy format: these repositories are protected in controlled facilities. In some cases, these facilities may be in Amsterdam, England and the United States. AMPM Headquarters employees and data processors are obliged to respect the confidentiality of any personal and/or sensitive information held by AMPM Headquarters. AMPM Headquarters only permits authorized personnel to access your information and information will only be disclosed to third parties where they have the appropriate authority. We destroy or de-identify personal information we no longer need, wherever possible.

9. AMPM Headquarters and links to other web sites

AMPM Headquarters provides links to web sites outside of the AMPM Headquarters site. These linked sites are not under the control of AMPM Headquarters, and AMPM Headquarters is not responsible for the conduct of companies linked to the AMPM Headquarters web site, nor for the performance or otherwise of any content and/or software contained in such external websites.

10. Problems, queries or complaints

For further information regarding this Privacy Policy or to make a complaint about the steps taken by AMPM Headquarters to protect your personal information or privacy, please contact AMPM Headquarters by emailing hq@teamampm.com. We will investigate any complaints received in writing and do our best to resolve them as soon as possible.

If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:

Office of the Australian Information Commissioner
Phone 1300 363 992
Post GPO Box 5218
Sydney NSW 2001
Online Form: www.oaic.gov.au (Privacy Complaint Form).

AMPM Headquarters reserves the right to review, amend, update and change this Privacy Policy from time to time to reflect its practices and obligations. Any changes will take effect when they are made or posted on our website.

Allowing us to use your image

We sometimes film or photograph the facility so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

5.3 What happens if you have issues with outside providers?

Paying outside providers, including personal trainers

Contractors, tenants and franchisees provide some services in our facility, such as personal training, physiotherapy and massage.
You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs or refunds.

Claiming against these providers

Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contract or negligence.
If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim should be brought against the provider, not us, whether you have paid them or not. You release us from any claim resulting from an act or omission by a contractor, tenant or franchisee.

Asking for our help

Wherever we can, we will help you to resolve issues with providers. We will also make sure that personal trainers in our facility have up-to-date qualifications and insurance.

5.4 What else should you know?

Having your membership transferred

We can assign or transfer the benefit of your membership to a person, firm or company at any time. We will give you 28 days’ notice in writing.
We can also sub-contract our obligations to someone else without notice. But if we do, we are still responsible for ensuring those obligations are met.

Signing up for extra services

Our facility may offer extra services, such as dance classes, yoga, Pilates, martial arts and other courses/workshops. They may involve separate fees,
code and agreements. Please read them.

Paying GST

All agreement fees include goods and services tax (GST). Your fees will change in line with any government GST rate changes.

Refunds

Refunds are at the discretion of AMPM Headquarters and will be considered case by case, and in line with these Terms and Conditions. To discuss a refund, call us on 07 5554 5002.

5.5 Which laws apply?

Meeting state laws

Your agreement is subject to Australian law and is governed by the state laws where our facility is located.
If a court decides that any section of your agreement is invalid or unenforceable, that section will be deleted from the agreement. The other sections will remain valid and enforceable.

Restricting your rights to sue

Under the Competition and Consumer Act 2010, we guarantee that our recreational services are:

  • provided with due care and skill
  • fit for any purpose you have told us you are using the services for or for a result which you have told us you wish to achieve
  • supplied within a reasonable time.

However, under certain legislative provisions, we may ask you to agree that these conditions do not apply to you. If you sign the agreement, you will be agreeing that your rights to sue us are excluded, restricted or modified as set out in these terms and conditions. This applies if you are injured (including injury that results in death) because the services were not rendered with due care and skill, or they were not reasonably fit for their purpose.

This change to your rights does not apply if your death or injury is due to our gross negligence. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.

5.6 What definitions apply?

AMPM Headquarters, We, Us, Our

AMPM Headquarters Pty Ltd

You, Your

A member of AMPM Headquarters

The Facility

AMPM Headquarters, Miami

Facility

AMPM Headquarters, Miami

Agreement

Membership Application and Agreement. This is between AMPM Headquarters and you, under which you will become a member of AMPM Headquarters.

Code

Code for operating equipment, opening hours and behaviour in the facility, specified in these terms and conditions, and in facility signs and handouts

6. General Information

6.1 Important points to remember

You will read and follow all safety instructions displayed throughout facility and given to you by AMPM Headquarters.

Do not bring valuables into the facility, all belongings must be kept on you at all times or put in bag racks; AMPM Headquarters will take no responsibility for lost or stolen items.

The facility is monitored by CCTV at all times.