Terms & Conditions

Legal Guidelines for Gym Members

At DRIVEN Athletica, our terms and conditions outline the legal framework for membership and facility usage. It is important to understand the rights and responsibilities of our members to ensure a safe and respectful gym environment. While we strive to provide accurate and informative content, our guidelines do not constitute legal advice. We recommend seeking professional legal counsel for specific legal inquiries and concerns.

Understanding Our Gym Terms & Conditions

Our gym terms and conditions establish the rules and regulations governing the conduct of our members within our fitness facility. These terms are essential to define the legal relationship between DRIVEN Athletica and our valued members. As each gym operates differently, our terms and conditions are tailored to meet the specific needs and nature of our fitness center. It is crucial to familiarize yourself with these terms to ensure a harmonious gym experience.

Terms & Conditions for DRIVEN Athletica Pty Ltd (formerly BASE51 Functional Fitness)

1. Introduction

Welcome to DRIVEN Athletica (formerly BASE51 Functional Fitness). We strive to create a safe, inclusive, and comfortable environment for all members and staff. By agreeing to these terms and conditions, you acknowledge your understanding and compliance with the following rules, which ensure a positive experience for everyone.

This Agreement may be referred to in the event of any discrepancies.

By signing this Agreement, you confirm that:

You have received and agree to the terms set out in this Agreement.
You are medically fit to participate in physical activities, use the gym facilities at your own risk, and understand that exercise can be physically demanding and may pose health risks.
This Agreement grants DRIVEN Athletica the authority to utilise a Third Party Payment Provider to debit your nominated account for membership fees as per the provider’s Direct Debit Request and Service Agreement

2. Definitions

DRIVEN Athletica, We, Us, Our: Refers to DRIVEN Athletica.
You, Your, Member: Refers to the individual whose name is on the membership, including the parent or guardian if the member is under 18 years of age.
Club: Refers to the DRIVEN Athletica facility that your membership grants you access to.
Agreement: The contract between DRIVEN Athletica and you, outlining the terms of your membership.
Minimum Term: The minimum duration of your membership as specified in the Agreement.
Code: The rules for equipment usage, behaviour, and operating hours, detailed in this Agreement and communicated through club signage and materials.
Third Party Payment Provider: The external provider authorised by DRIVEN Athletica to process payments (e.g., Clubfit).
Website: Refers to the DRIVEN Athletica website (www.drivenathletica.com.au ) or any other platform that may be communicated to members.
Corporate Partners: Companies that have partnered with DRIVEN Athletica to subsidise a portion of membership fees for their employees or members.
Supply Period: The term of your membership, either periodic or fixed, as specified in the Agreement.
Periodic Agreement: A membership plan that renews continuously until cancelled by either you or DRIVEN Athletica.
Fixed Term Agreement: A membership plan that lasts for a predetermined period and requires a new Agreement for renewal.
Upfront Membership: A membership plan that is paid in full at the time of signing the Agreement and is for a fixed term.

3. Membership Options

We offer several membership options, each subject to a 7 day cooling-off period.

4. Membership Availability & Fees

Fees outlined in this Agreement include Goods and Services Tax (GST). If the government adjusts the GST rate, your fees will change accordingly, even if you are within your Minimum Term.

5. Queries

All questions or concerns regarding your membership or services under this Agreement should be directed to DRIVEN Athletica.
If you have chosen to pay by direct debit, you acknowledge that DRIVEN Athletica has engaged a Third Party Payment Provider to manage fee collections.

6. Club Access

Members must present their membership card or photo ID every time they visit the Club. If you do not have your card or ID, we may deny entry.
You are required to scan your membership card or digital pass to register your attendance for safety, security, and insurance purposes.
Your access card is the property of DRIVEN Athletica and must not be shared with or used by others.
If you lose your card or key tag, you can purchase a replacement at Reception with proof of ID.
Upon joining, DRIVEN Athletica will take a photograph of you for safety and security purposes. This photo will be stored in accordance with our Privacy Policy.
Guests must present photo ID, register at the front desk, and comply with all Club rules and conditions of entry.

7. General Conditions of Entry & Club Code

To ensure the safety and comfort of all members and staff, you must follow these conditions. Failure to comply may result in suspension or termination of your membership.

Entry: You may be denied entry or asked to leave if:
- You use abusive or threatening language, or behave inappropriately.
- You are under the influence of drugs or alcohol.
- You instruct others without authorisation from DRIVEN Athletica.
- You engage in behaviour considered risky or inappropriate by the Club.

Non-Smoking: DRIVEN Athletica is a non-smoking facility. This includes cigarettes, electronic cigarettes (vapes), or similar products.
Tailgating: Admitting unauthorised individuals into the Club or restricted areas is prohibited. A $100 tailgating fee applies for breaches, with further violations resulting in additional fees and possible membership termination.
Relaxation Zones: Certain DRIVEN Athletica locations may offer a sauna or relaxation zones, with gender-specific usage rules. Appropriate dress is required in these areas.
Wet Areas: If your Club includes wet areas like saunas, standard pool safety rules apply. Use these areas at your own risk. These zones are not accessible during unstaffed hours.
Clothing: Suitable workout attire and enclosed sports shoes must be worn in all exercise areas (excluding wet zones). Clothing with offensive images or inappropriate messaging is not allowed.
Towels: A clean towel must be used during workouts and classes to maintain hygiene standards. If you do not have one, training may be suspended. Towels may be available for purchase or hire at reception.
Camera Use: Photography or video recording is prohibited without permission from DRIVEN Athletica. Taking images of other members without their consent is a violation of Club rules.
Parking: Parking is at your own risk. DRIVEN Athletica is not liable for any damage or loss to vehicles or their contents while on Club property.
Personal Training: Personal training services are available for an additional fee. Only authorised DRIVEN Athletica trainers may conduct sessions. Unauthorised training within the Club may result in membership cancellation.

8. Use of Equipment

Always return equipment to its proper location, including weights, bars, and plates.
For your safety, follow all operating instructions on equipment. If you need help, ask a staff member.
Use a clean towel on equipment and limit phone use while working out as a courtesy to other members.

9. Lockers, Valuables & Lost Property

Lockers are provided but are not secure devices. DRIVEN Athletica is not responsible for lost or stolen items.
Bags are not permitted on the gym floor for safety reasons.
Lockers are cleared daily, and personal items left in lockers overnight will be held for two weeks before being donated to charity.

10. Membership Entitlements

Depending on your membership at DRIVEN Athletica, you are entitled to the following benefits:

24/7 Access: You may work out as many times as you wish within your membership period, subject to any restrictions on Club access outside of staffed hours.
Group Fitness Classes: Participate in regularly scheduled group fitness classes. However, additional fees may apply for certain programs or challenges. Please check DRIVEN Athletica’s website for further information on these offerings.
Use of Equipment: Access to all exercise equipment located on the gym floor and in cardiovascular training areas.
Additional Facilities: Where available, you can access additional amenities like saunas, ice baths, and other relaxation zones.
Changes: DRIVEN Athletica reserves the right to modify exercise equipment, fitness class schedules, or instructors as necessary.

11. Corporate Partnerships

You may qualify for a discounted membership through a Corporate Partnership agreement. If DRIVEN Athletica’s agreement with the Corporate Partner or your employment/membership with the Corporate Partner ends, we may adjust your membership to the full standard rate for the remainder of your minimum term. In the event that DRIVEN Athletica’s agreement with the Corporate Partner ends, we will notify you as soon as possible, either by mail or email, using the most up-to-date contact details you have provided.

12. Creche Guidelines for Young Children

At DRIVEN Athletica, we welcome families, but for safety reasons, young children are not permitted on the gym floor at any time.

Our creche is open during staffed hours and is available for unsupervised use. While the creche offers a safe space for your children to play while you work out, DRIVEN Athletica is not responsible for your children during this time. You are leaving them in the creche at your own risk.

It is important to:

Ensure your children are familiar with the space and understand that it is unsupervised.
Be mindful of the time, as you are required to check on your children regularly while using the facility.
Always provide any necessary items such as snacks, drinks, or personal belongings, as our staff will not be responsible for attending to your child's needs.

13. Minor Memberships

Minors between the ages of 14 and 17 years may be eligible for membership, subject to the following conditions:

Safety Compliance: The minor must adhere to all Club safety requirements, as communicated from time to time.
Membership Cancellation: The minor’s membership may be cancelled for inappropriate behaviour, misuse of equipment, or failure to follow safety requirements.
Age Policy: The minor must comply with the specific sections of the age policy.
Staffed Hours Only: Minors must leave the Club once staffed hours have ended and may only access the Club during these hours, subject to the qualifications and exclusions in the age policy.

13-14 years

Membership requires parental/legal guardian consent and signature.
Access is allowed during staffed hours only and must be accompanied by a parent, guardian, or qualified trainer.
Access outside staffed hours is not permitted.
Eligible only for non-weight-based training, cardio equipment, or equipment prescribed by a medical or exercise professional.

15 years

Membership requires parental/legal guardian consent and signature.
Access is allowed during staffed hours but does not require supervision by a parent or guardian.
Eligible for all weight-based equipment, cardio equipment, and challenges.
Trial or guest passes are allowed, provided the guardian signs as a guarantor on the first visit.

16-17 years

Membership requires parental/legal guardian consent and signature.
Access is allowed during both staffed and unstaffed hours without supervision.
All equipment and classes are available, subject to medical advice.
Eligible for trial and guest passes with a guardian’s waiver.

14. Legal Responsibility

Meeting Your Responsibilities

Your obligations, including the payment of membership fees, are independent of how often you use DRIVEN Athletica.
You must notify us of any changes that may affect your membership, including updates to your contact information, bank details and health related items.
If you have any health risks related to participating in fitness services, you must inform us in advance and in writing. If required, seek approval from your Doctor or General Practitioner.

Promising to Take Care

You agree to:

Ensure that you are knowledgeable about safe exercise practices, asking for help if needed.
Use your best efforts to exercise safely.
Avoid bringing valuables into the Club, even if you plan to store them in a locker.

Damage & Personal Injury

To the extent permitted by law, DRIVEN Athletica excludes any liability for injury, damage, or loss of any kind (including direct, indirect, special, or consequential loss or damage) incurred by you or any other individual arising from this Agreement, the services/products provided by DRIVEN Athletica, or any act or omission by DRIVEN Athletica.

Outside Providers

Certain services at our Clubs, such as personal training, physiotherapy, and massage, may be provided by contractors, tenants, and franchisees (Outside Providers).

Service fees for these services are payable directly to the Outside Providers, and we are not responsible for these fees or any related costs or refunds.

Claiming Against Outside Providers

Any service provided by an Outside Provider constitutes a contract between you and the Outside Provider. To the extent permitted by law, we do not accept responsibility for any breach of contract or negligence.
If you have a claim due to the actions (or lack thereof) of an Outside Provider, you must direct that claim against the Outside Provider, regardless of whether you have made a payment to them. To the extent permitted by law, you release us from any claims resulting from the actions or omissions of an Outside Provider.

Asking for Our Help

We will assist you in resolving any issues with Outside Providers where possible and ensure that personal trainers within our Clubs maintain current qualifications and insurance. Only personal trainers from our franchise are permitted to operate in our Clubs.

15. Special Conditions for Certain Membership Types

Any special conditions or benefits related to your membership type will be attached to your Agreement or displayed on our website and will form part of your Agreement.
If your membership includes Free Time, you will not incur weekly fees during the designated Free Time period. Free Time does not count towards the minimum term of the membership, except in South Australia and the Australian Capital Territory.
If your membership qualifies you for a Discounted Price as indicated in the Fees section of your membership Agreement, that Discounted Price will apply for the duration specified. After this period, your Fees will revert to the standard price outlined in the Fees section for the remainder of the minimum term (if applicable) or continue at the standard rate for the remainder of your membership, subject to change as per the terms of the Agreement.

16. Renewing Upfront Membership

This section applies only to Upfront Memberships. When your Upfront Membership is due to expire, you may renew it at the current membership rate as advertised by DRIVEN Athletica at the time of renewal. By renewing, you agree to the terms applicable at that time.

17. Overdue Fees & Revocation of Membership Entitlements

In cases of repeated failure to meet your payment obligations (except through the fault of DRIVEN Athletica or its payment provider), your membership may be suspended or terminated upon written notice to you, without prejudice to our rights to recover overdue payments. All entitlements and access to any Club may be revoked if your account is in arrears and you do not resolve the outstanding debt after receiving reasonable notice.

If your automatic direct debit is reversed or returned by your financial institution, the following process will apply:

The Club will attempt to contact you regarding retrying the debit.
If the debit remains outstanding, it will be processed within 14 days of the reversal along with any applicable late fees.
If you do not pay the fees by the due date, we reserve the right to refuse you entry to the Club.
If unpaid fees continue to be outstanding and after attempts to rectify the situation, your membership may be forwarded to a collection agency for further action.

18. Debt Collection

If you are paying by Direct Debit and default on any obligation under this Agreement, and fail to remedy the default after notification from DRIVEN Athletica, you authorize us to inform a third-party debt collector of the default.

19. Cancellation / Termination

A cancellation request must be submitted to the Club as follows:

Visit the Gym in Person:
Members must enter the gym to complete and submit the official Membership Cancellation Form. Our team will assist you with this process.
Form Submission:
Once the cancellation form is completed, hand it to one of our staff members during staffed hours.
Confirmation of Cancellation:
After your cancellation form is processed, DRIVEN Athletica will send you a written confirmation via email or SMS. This confirmation will serve as proof that your cancellation request has been completed.

Please note that your membership is considered active until you receive written confirmation from DRIVEN Athletica. Make sure to retain a copy of your cancellation form for your records.

Cooling Off Period

Your membership is subject to a seven (7) day cooling-off period.
This cooling-off period applies only to new memberships and does not apply to membership transfers or renewals.
The cooling-off period begins from the date the Agreement is entered into (the date the Agreement is signed) and concludes at the end of seven (7) business days.
To cancel your membership during the cooling-off period, you must contact DRIVEN Athletica using the contact details listed on our website.
All payments made will be refunded on a pro-rata basis, except for a reasonable administration fee, which will apply if your membership card, 24/7 access pass, or any other merchandise received upon joining is not returned within seven (7) days of your Agreement's termination.

Permanent Sickness or Physical Incapacity

You may terminate your Agreement before the expiry of the Minimum Term if you are permanently sick or incapacitated and a time freeze is not a suitable option for your circumstances. You must provide a current certificate from a qualified medical practitioner stating that you cannot utilize any fitness services or facilities foreseeably due to your permanent illness or physical incapacity.

Bankruptcy

You may terminate your Agreement before the expiry of the Minimum Term if you are bankrupt, and a time freeze is not suitable given your financial circumstances. To terminate your Agreement for this reason, you must provide DRIVEN Athletica with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

Cancellations After Completion of Minimum Term

There will be a notice period of 14 days from the date of your cancellation request to the termination date. During this notice period, any payments that are due must be paid in full. This notice period will exclude any freeze or payment break applied to your membership.

Any instalments or fees due at the date of termination (including those that fall due during the notice period) will remain a debt owed to and recoverable by DRIVEN Athletica.
You shall not consider your Agreement terminated until confirmation is received in writing from DRIVEN Athletica (within 14 days after the termination date).

Cancellation for Any Other Reason (within Minimum Term, excludes Upfront memberships)

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of your cancellation request.

The cancellation fees for all membership options are as follows:

If there are 12 months or more of membership fee equivalents remaining on the Minimum Term of the Agreement: $295
If there are less than 12 months but more than 6 months of membership fee equivalents remaining on the Minimum Term of the Agreement: $245
If there are less than 6 months of membership fee equivalents remaining on the Minimum Term of the Agreement: $195 or the amount of future membership fees payable, whichever is lesser.

Cancellation of Upfront memberships

Cancelling upfront memberships is not possible, and no refund will be issued for any portion of the membership fees once payment has been made. Once you enter into an upfront membership agreement, you are committed for the entire duration of the term.

However, upfront memberships are transferable. If you can no longer utilize your membership, you may transfer it to another person. The transfer process must be completed with the Club’s approval, and both parties must meet any necessary criteria for membership. The new member will assume the remaining term of the original upfront membership, and all terms and conditions will continue to apply under the original agreement.

Please contact the Club to initiate the transfer process and ensure all necessary paperwork is completed.

Note: A cancellation request form must be completed for all cancellation requests.

Confirming Your Request

When submitting a cancellation or transfer request, please ensure the following:

Provide your email address so we can confirm your request in writing.
Keep a copy of your request for your records.

Please note, if you terminate the Agreement in any way not outlined within the contract, you may be liable for further damages due to a breach of contract.

Termination by the Club

The Club reserves the right to terminate this Agreement under the following circumstances:

Failure to comply with the criteria listed in the Conditions of Entry, after being notified.
Breach of obligations in this Agreement that cannot be remedied, or failure to remedy within 14 days of notice from the Club.
If we reasonably believe your conduct endangers the health, safety, or wellbeing of other members or staff.
In the event of the Club's temporary or permanent closure without a suitable replacement location for membership transfer.
To protect the health and safety of you or other members.

In the event of termination under these circumstances, the Club will refund a proportion of fees for upfront memberships, representing the unused portion, less any applicable cancellation fees.

Termination by the Member

Members may terminate the Agreement without incurring a cancellation fee in the following situations:

If the terms and conditions are changed, and the change adversely affects you (excluding changes to timetables, facilities, equipment, or hours of operation).
If the Club breaches its obligations and fails to fix the breach within a reasonable time after you notify us in writing. You will be refunded any membership fees paid between the notification date and the decision that the breach cannot be resolved.
If the Club permanently closes and no suitable replacement location is available for transfer.

Membership Freeze

You can freeze your membership for a minimum of 2 weeks, up to a maximum of 4 weeks each calendar year, at a cost of $5.00 per week (unless otherwise stated in your contract).

Contact us at least 3 days prior to the freeze start date.
Freezing your membership from 16th December to 16th January is not allowed.
If your membership includes a free freeze option, no fees apply during that period. Additional freezes will be charged $5.00 per week.
Ensure your membership fees are up to date before freezing, as freezes do not count toward fulfilling your minimum contract term and will extend the Minimum Period by the length of the freeze.

For club closures, if required by the government, your membership will be frozen for the Closure Period. If the Club is closed for more than one week (e.g., for refurbishment), and there is no suitable alternative location, you may request a freeze for that duration.

Transfer

You may transfer your membership to another person within the Minimum Term, provided that:

The transferee is not a current or recent (within the last 3 months) member.
They complete the new member sign-up process and meet the membership eligibility requirements.
The transferee has not previously been banned or failed to pay membership fees.

The transfer is only valid once the transferee completes the sign-up process. Transfers are not permitted after the Minimum Term, nor for foundation, family, or friends' memberships.

20. 24.7 Access Pass

All members must complete the Club’s safety induction before accessing the Club outside of staffed hours.

For your safety, you may not ask another member to provide you access during unstaffed hours.
You are prohibited from admitting guests or facilitating unauthorized access to the Club. Breaching this rule will result in a $100 tailgate fee. Additional violations may incur further fees, revocation of 24/7 access, and possible membership cancellation.
Misuse of the emergency system will make you liable for any costs, loss, or damages incurred as a result.

General Information

Members must read and follow all safety instructions displayed on equipment and throughout the Club.
Relaxation areas alarmed areas are off-limits during unstaffed hours.
Do not bring valuables into the Club. Keep belongings on you or secured in lockers provided.
The Club takes no responsibility for lost or stolen items.
The Club is monitored by CCTV at all times.

21. CCTV

You acknowledge that CCTV is installed in appropriate areas of the Club for the safety of members, staff, and crime prevention.
By entering the Club, you consent to being filmed and understand that your image will be used in accordance with the Club’s Privacy Policy.

22. Additional Safety Measures

Your safety is our priority, and we may introduce reasonable health and safety measures as necessary (e.g., temperature checks in response to COVID-19). If these measures are made a condition of entry and you refuse to comply, you may be denied access to the Club unless a valid medical exemption is provided.

23. Staying Up to Date with Your Terms

We are constantly updating our terms and conditions to reflect changes in club operations, services, or legal requirements. The most up-to-date terms always apply. You can view them at your local Club or on our website.

If major changes are made, we will notify you via email and place notices in the Club. Continuous use of the Club after changes have been made indicates your acceptance of the new terms and conditions. For minor changes, no direct notification is required.

24. Transfer of Your Contract

We may assign or transfer the benefit of your contract to another party, provided they are capable of fulfilling our obligations. We will notify you 30 days in advance.

We may also subcontract our obligations without prior notice, but remain responsible for ensuring they are met.

25. Privacy Policy

Your personal information will be used and stored in accordance with our Privacy Policy, which can be found on our website.

By signing your membership agreement, you consent to being photographed or filmed in the background for promotional or business-related materials by DRIVEN Athletica. If you do not like to be featured please notify us at hello@drivenathletica.com.au .

We may contact you with marketing materials regarding fitness, promotions, or special offers. Your contact details will not be shared with unrelated third parties. You can update your marketing preferences by contacting us.

26. Entire Agreement

This Agreement, its annexures, and any Special Terms & Conditions constitute the entire agreement between the member and DRIVEN Athletica. This supersedes any previous agreements or understandings, written or oral, related to the subject matter of this Agreement.