1. Terms and Conditions
(a) Your membership is governed by this Agreement.
(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by 6X.
(d) 6X reserves the right, in its sole discretion, to amend this Agreement.
(e) 6X holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.
(a) Your membership permits you to use 6X’s premises, facilities, equipment and services as shown and limited by the membership identified. Your membership is non-transferable by you unless deemed appropriate by 6X.
(b) You must provide 6X with any changes to your details, which are relevant to your membership in writing.
(c) 6X will only hold your membership in accordance with the requirements below
(d) A Member may transfer their paid in advance (PIA) membership in accordance with the Membership Transfer Policy below
(e) Membership Transfers - Direct Debit (DD) Members who pay fortnightly can transfer their membership in accordance with the Membership Transfer Policy below
(f) Foundation Membership Members who duly complete and agree to this Agreement prior to the Studio opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of this Agreement. Termination of Foundation Membership privileges is effective on the date 6X advises the member by Written Notice. 6X reserves the right to terminate a Foundation Member’s privileges in the event of the following:
(i) A membership is not renewed prior to its expiry date;
(ii) A membership is transferred to non-Member; or
(iii) A membership is cancelled or terminated; or
(iv) A Direct Debit membership is cancelled or terminated; or
(v) A Direct Debit membership is in arrears; or
(vi) A member’s conduct is improper, harmful or illegal and contrary to the best interest of 6X and / or its Members.
(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.
(b) For a DD Membership you must make your payments on a fortnightly basis in advance.
(c) For a PIA membership, you must pay your membership in advance according to your level of PIA membership as indicated by 6X to you.
(d) For all memberships you must make payment of the Member Sessions and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if PIA by way of credit, cash or EFTPOS).
(e) You must provide to 6X, in the form requested by 6X, a Payment Agreement authorising 6X’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.
(f) 6X will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that 6X cannot contact you, it will provide you with Written Notice of overdue payments.
(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.
(h) A Member will be charged a fee in accordance with the Ezidebit Australia agreement.
(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will also apply for any overdue or late payments.
(j) If there are repeated failures to meet your payment obligations (other than through the fault of 6X or its Payment Provider), without prejudicing 6X’s rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.
(l) 6X reserves the right, at any time, to change the Membership Fees charged to Members for use of the Studio facilities. 6X agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise 6X and/or the Payment Provider to debit the new amount to your account.
5. Minimum Age
(a) All Members of 6X must be a minimum of 15 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the studio to obtain a membership.
(b) Minors aged between 15-16 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Studio or on www.6X.com.au
(c) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Studio or on www.6X.com.au
6. Staffed Access
(a) A Member may be subject to a Staffed Access only membership, which will only allow them to attend the Studio during Staffed Hours.
7. Access by Non-Members
(a) 6X only grants Members, unless otherwise specified in this Agreement, access to the Studio. No Member is permitted to bring a non-Member into the Studio.
(b) If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that:
(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of 6X;
(ii) the act of bringing a non-Member into the Studio constitutes automatic acceptance by the Member of a new membership for the non-Member. The Joining Fee and Access Pass Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways:
(1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and
(2) for a Member who holds a PIA Membership, the Member will receive an invoice for this amount;
(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Studio for one fortnight;
(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Studio and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and
(v) 6X reserves the right to terminate the membership of the Member who brings a non-Member into the Studio.
(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.
(b) The orientation focuses on various aspects of the Studio including, but not limited to, Studio layout, amenities and entry and exit areas.
(c) 6X may suspend or terminate this Agreement in the event of unsatisfactory completion of the Studio orientation prior to the commencement of exercise.
(d) You acknowledge and agree that "6X" branded Studios may have different equipment and/or a different layout. You acknowledge and represent to 6X that you will seek assistance from 6X personnel before using equipment that is unfamiliar to you.
9. Physical Condition
(a) It is your responsibility not to use any equipment which may adversely affect any medical condition.
(b) You hereby represent to your Studio and 6X and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Studio or its facilities.
(c) If you have any health or medical concerns now or after you join as a Member of the Studio, you must discuss them with your doctor before using the equipment or the studio.
(d) You acknowledge that 6X did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.
10. Pre-Workout Questionnaire
(a) It is a condition of membership with 6X that each Member, prior to using the Studio, has to complete the Pre-Workout Questionnaire.
(b) You will not be permitted to use the Studio until you have completed the Pre-Workout Questionnaire.
(c) 6X reserves the right to restrict, suspend or terminate your membership if 6X is of the reasonable opinion that you are unfit to utilise the Studio. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide 6X with a medical certificate confirming that you are fit to train.
11.Video and Audio Surveillance
(a) For security purposes, 6X uses video and audio surveillance equipment to monitor the Studio.
(b) By accepting this Agreement you acknowledge that by accessing any “6X” branded Studio you will be subject to video and audio surveillance and recording.
(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.
(a) You understand and acknowledge that 6X purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Studio.
(b) You understand and acknowledge that 6X is providing recreational services and may not be held liable for defective products or equipment.
13. Liability for Property
(a) 6X is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Studio including, but not limited to, a vehicle or its contents or any property left in a locker.
(b) If you cause damage to the Studio or any equipment you are liable to 6X for its cost of repair or replacement.
14. Release and Indemnity
6X is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Studio premises, or from the use of our facilities or equipment.
If you accept this Agreement, you agree to restrict the liability of 6X if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury. 6X may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against 6X. A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
15. Release and Indemnity (New South Wales)
You use the facilities provided by 6X at the Studio at your own risk and acknowledge that the use of the Studio may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that 6X will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Studio premises by you, or for any death, personal injury or illness on Studio premises, or from using our facilities or equipment. This release does not apply if your death or injury results from gross negligence on our part.
16. Cooling Off Period
(a) All new memberships are subject to a cooling off period of 10 business days.
(b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.
(c) For any membership terminated validly during the cooling off period, 6X will refund to you the total of all Membership Fees.
17. Cancellation of your membership
You can ask to cancel your membership by:
speaking to the reception team
17.1 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
make sure that you cancel your direct debits with your financial institution
17.2 Cancelling after the minimum term expires
Once the minimum term of your membership expires, you or we may cancel your membership. When you cancel, you must pay us any fees you owe or we may take action to recover them.
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, this means your final debit may be a pro rata amount. To ensure your direct debit does not continue past your minimum term, you must give us notice within this term. You cannot freeze your membership payments during the notice period.
17.3 Cancelling without paying out your agreement
You can cancel your membership during the minimum term if:
(a) You are sick or incapacitated – you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term.
(b) you are bankrupt–you must show us supporting documents.
We will not charge you an exit fee in these cases.
You can also cancel if you relocate to an area more than 15 kilometres from the studio, but you must show us a letter from your real estate agent or advice from Australia Post.
We will charge an exit fee based on how much of your agreement remains - 50% of what is owing will be payable by you prior to cancelling any scheduled direct debits
17.4 Transferring your membership to another person
You can transfer your membership to another person (transferee) within the minimum term of your agreement so long as the transferee:
is not a current member
has never been a member
completes the new membership sign-up process and pays a transfer fee equivalent to the start up fee
is eligible to take up your membership (for instance, you cannot transfer a corporate or concession membership to someone who would not qualify for that membership)
The transfer is effective only after the transferee has completed the sign-up process.
We do not allow transfers once you have completed your minimum term. You also cannot transfer foundation, family or friends memberships.
17.5 Cancelling for other reasons
If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your agreement.
(a) We calculate the amount you must pay by:
multiplying your fortnightly fee by the number of fortnights left in your minimum term
deducting 50% from the total.
18. 6X’s Right to Restrict or Terminate Your Membership
(a) 6X may restrict your membership (including by limiting access to other “6X” branded Studios and for limiting access to Staffed Hours) at any time on the following basis:
(i) concern for the health and/or safety of the Member; or
(ii) non-compliance, improper or harmful conduct engaged in by the Member.
(b) 6X may terminate your membership at any time on the following basis:
(i) you fail to make any payments of your Membership Fees;
(ii) 6X reasonably suspects that you are engaging in illegal activity in the Studio;
(iii) you fail to follow any of the Policies or Studio Rules, or violate any part of this Agreement; or
(iv) your conduct is improper or harmful to the best interest of 6X Members.
(c) In the event that 6X terminates your membership in accordance with clause 18(b), termination will be effective on the date that 6X sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA Member, 6X will not refund any unused portion of your fees.
(d) Upon termination of your membership by 6X, you will cease to have access to the Studio, and 6X has the discretion to deny you access to any ”6X” branded Studio. Any money owing to 6X when your membership ends, remains immediately due and payable and 6X will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to 6X, you must pay the balance of the amount owing.
(e) Upon termination of your membership by your election, you may continue to use the Studio for any period that you have paid in advance. You will cease to have access to the Studio once any period you have paid in advance expires.
(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
19. Termination and Unauthorised Cessation of Direct Debit
(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to 6X for any unpaid fees, or fees incurred by 6X.
6X may assign or novate its rights under this Agreement at any time without prior consent.
21. Risk Warning
(a) 6X warns that whilst you are on our premises using our Studio and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:
(i) slipping on wet flooring;
(ii) being struck by weights;
(iii) colliding with equipment, or other Members;
(iv) engaging in strenuous exercise and activities; or
(v) incorrect use of equipment or Studio,
(b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.
(c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.
(d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by 6X are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.