TERMS & CONDITIONS

1. Definitions

“Prime Fitness” refers to Prime Fitness Hire & Sales.
“Customer” refers to the person or business entering into this agreement.
“Equipment” refers to any fitness equipment supplied by Prime Fitness.
“Agreement” refers to any hire, rent-to-buy, ownership plan, or sale agreement between Prime Fitness and the customer.

GENERAL TERMS

2. Customer Health & Safety

All equipment supplied by Prime Fitness is used entirely at the customer’s own risk.

Before using any fitness equipment or commencing any exercise program, the customer should consult a qualified medical practitioner or physician. Prime Fitness does not provide medical advice and does not warrant or represent that any equipment is suitable for the customer’s personal health, physical condition, or intended use.

The customer acknowledges that any explanations or demonstrations regarding the functions or operation of the equipment do not constitute medical, professional, or fitness advice.

3. Assumption of Risk

By entering into this agreement, the customer acknowledges and agrees that:

a) use of the equipment involves inherent risks and hazards, including the risk of injury, illness, property damage, or death;

b) the customer voluntarily assumes all risks associated with the use, operation, transportation, storage, or possession of the equipment;

c) Prime Fitness is not responsible for the customer’s use of the equipment or for any injury, damage, loss, or adverse outcome arising from such use; and

d) use of the equipment is entirely at the customer’s own risk.

4. Release of Liability

To the maximum extent permitted by law, the customer releases and discharges Prime Fitness, its directors, employees, contractors, agents, and representatives from any liability, claim, demand, loss, damage, cost, injury, or expense arising from:

• use or misuse of the equipment;
• personal injury or death;
• property damage;
• negligence;
• breach of contract;
• breach of statutory duty; or
• any other cause whatsoever.

This release applies to the customer and the customer’s heirs, executors, administrators, assigns, and representatives.

Nothing in these terms excludes any rights that cannot legally be excluded under Australian Consumer Law.

EQUIPMENT TERMS

5. Condition of Equipment

Prime Fitness takes reasonable care to ensure all equipment is in good working condition before delivery.

The customer agrees to:

• maintain the equipment in reasonable condition;
• use the equipment only for its intended purpose; and
• return the equipment in the same condition as supplied, excluding fair wear and tear.

The customer is responsible for:

• any loss, theft, or destruction of equipment;
• any damage beyond normal wear and tear; and
• all repair or replacement costs where applicable.

Repairs must only be carried out by Prime Fitness or an authorised repairer approved by Prime Fitness.

6. Customer Responsibility & Possession

The customer assumes full responsibility for the equipment from the time of delivery until collection or full ownership transfer.

The customer remains liable for any:

• damage,
• misuse,
• theft,
• accidental loss, or
• unauthorised use

regardless of who is using the equipment at the time.

RENTAL AGREEMENTS

7. Rental Charges & Renewals

Rental charges apply until the equipment is returned or collected by Prime Fitness.

Prime Fitness may attempt to contact the customer prior to the end of the rental period. If the customer does not respond or arrange return of the equipment, the agreement may automatically renew at the same rate and duration as the previous rental term.

Unused rental periods are non-refundable.

8. Rental Commencement & End

Rental periods commence:

• on the date the customer takes possession of the equipment; or
• on the agreed delivery date where payment arrangements have already been made.

Rental payments cease only once:

• the rental term has ended; and
• the equipment has been returned or collected by Prime Fitness.

9. Moving Equipment

The customer must not relocate or transport the equipment without prior written approval from Prime Fitness.

If the customer changes address, Prime Fitness must be notified before the move occurs.

The customer remains fully responsible for:

• any damage caused during transport or relocation; and
• any costs associated with collection or reinstallation.

A relocation or collection fee may apply.

Rent to Buy 52-WEEK OWNERSHIP PLAN TERMS

(points 10-15)

10. Ownership Purchase Agreement

The Prime Fitness 52-Week Ownership Plan is a fixed-term purchase agreement that allows customers to purchase equipment through 52 consecutive weekly payments.

This is NOT a short-term rental agreement or “rent and return” arrangement.

By entering into this agreement, the customer agrees to purchase the equipment over the fixed 52-week term.

The agreement:

• cannot be paused,
• cannot be suspended,
• cannot be cancelled early,
• cannot be returned due to change of mind,
• and remains enforceable for the full contract period.

Rent to Buy 

11. Equipment Ownership

All equipment supplied under the 52-Week Ownership Plan remains the sole property of Prime Fitness until:

• all 52 weekly payments have been received in full;
• all fees and charges have been paid; and
• the agreement has been fully satisfied.

Ownership transfers to the customer only after full payment has been completed.

Rent to Buy

12. Security Deposit & $100 Cash Back Reward

A refundable $200 security deposit is required before delivery of equipment under the Ownership Plan.

The deposit will only be refunded where:

• all 52 payments are made on time;
• the account is completed without default;
• no dishonour fees, late fees, recovery costs, or collection action occur.
• Customers who complete all 52 weekly payments on time with no missed or dishonoured payments will receive a $100 cashback reward upon successful completion of the 12-month Ownership Plan.

Rent to Buy

13. Payment Methods

Customers must provide:

1. a primary payment method; and
2. a valid secondary payment method, including a debit or credit card.

Prime Fitness may charge the secondary payment method where:

• a scheduled payment fails,
• payments are overdue,
• dishonour fees apply, or
• recovery costs become payable.

The customer is responsible for ensuring all payment details remain current and valid throughout the agreement term.

Rent to Buy

14. Missed Payments & Default

If a payment is missed, dishonoured, or overdue:

• late fees and dishonour fees may apply; a $20 dishonour fees apply to any missed payment. A $20 late fee applies if 
• the account may be referred for debt collection or recovery action;
• Prime Fitness may repossess the equipment; and
• the customer remains liable for all outstanding amounts, fees, legal costs, and recovery expenses.

Failure to make payments does not cancel the agreement or transfer ownership of the equipment.

Rent to Buy

15. Recovery & Repossession

Where the customer defaults under the agreement, Prime Fitness may:

• terminate the agreement;
• recover or repossess the equipment;
• engage debt collection agencies;
• recover legal, transport, recovery, and repossession costs.

Repossession of equipment does not release the customer from liability for unpaid amounts.

DELIVERY & SERVICE

16. Delivery & Installation

Prime Fitness may deliver and position equipment where practical and safe to do so.

Delivery conditions:

• ground floor/front door delivery only unless otherwise agreed;
• access restrictions must be disclosed before delivery;
• additional charges may apply for stairs, difficult access, remote areas, heavy lifting, or special equipment requirements.
• flat smooth concrete access from driveway to entrance only
• Customer is responsible for measuring correctly their access and asking Prime Fitness if any of our products will be suitable for where they want it.
• Prime fitness is not responsible for refunding any hire for equipment that can’t be delivered due to safety of unsuitable terrain, restrictions of access or stairs. 
• All equipment for hire is delivered assembled and ready for use, Rent to buy and sales items can be assembled at additional fee depending on time to build.

Customers must ensure safe and reasonable access for delivery vehicles and staff.

Prime Fitness is not liable for failed deliveries or damage resulting from undisclosed access restrictions or requests beyond delivery to front door only or requests which may pose a risk to health and safety of any employee or contractor of Prime Fitness.

17. Faulty Equipment

If equipment is found to be faulty due to mechanical defect or fair wear and tear, Prime Fitness will repair or replace the equipment at no additional charge.

Where no fault is found, a call-out fee may apply.

Damage caused by misuse, neglect, accidental damage, or unauthorised repairs is the responsibility of the customer.

DELIVERY & PROMOTIONS

18. Free Delivery Conditions

Free delivery applies only to selected items and eligible metro areas as advertised. 

Coupon codes & discounts can’t be stacked. A coupon code can be used against the full regular price of any sale or hire item (whichever it was intended for).  

Clearance sales and Introductory hire prices are one off discounts for the first 3 months only.

Free delivery also implies only one person will be making delivery and it’s expected that the conditions, access and delivery is safe and reasonable for a single person to do.

Additional charges may apply outside eligible areas or where difficult delivery conditions exist. or where a 2 person delivery is required whether the second person is provided by prime fitness or not or if a prime fitness employee or contractor is involved in a delivery that required a 2nd person to assist.

Delivery times are estimates only and cannot be guaranteed.

GOVERNING LAW

19. Governing Law

This agreement is governed by the laws of Victoria, Australia.

Any disputes arising under this agreement shall be subject to the jurisdiction of the courts of Victoria.

ACKNOWLEDGEMENT

By entering into this agreement, the customer confirms that they:

• have read and understood these Terms & Conditions;
• acknowledge the risks associated with use of the equipment;
• understand the obligations relating to hire or ownership plans;
• understand that the 52-week ownership agreement is a binding purchase contract; and
• have had the opportunity to seek independent legal advice before entering into this agreement.

Please Note: Product images are for illustration purposes only. Actual models or appearance may vary while maintaining equivalent functionality and specifications.