Last Updated: 1 January 2026
These Terms and Conditions (“Terms”) govern your use of the Top Gym Australia website at malarines.com and your membership and participation in fitness services provided by Top Gym Australia (“we,” “our,” or “us”). By signing up for a membership, purchasing a casual visit pass, booking a personal training session, or simply using our website, you agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must not use our services.
1. Membership Plans and Registration
Top Gym Australia offers several membership options, including casual visit passes, weekly direct debit memberships, and annual memberships. When you register for a membership, you agree to provide accurate, current, and complete information. You are responsible for keeping your membership details and contact information up to date by notifying us of any changes.
Your membership is personal to you and is not transferable to another individual. You must not share your access credentials, key fob, or GymMaster app login with anyone else. If we discover that your membership is being used by someone other than you, we reserve the right to suspend or terminate your membership without refund.
Members under the age of 18 must have a parent or legal guardian complete the registration process and sign a consent form before they may use our facilities. Members aged 14 to 17 may access the gym during staffed hours only, unless alternative arrangements have been approved in writing.
2. Payment Terms
Casual Visits: Casual visit passes are paid at the time of entry and grant access to the facility for up to four hours. The current casual visit rate is $7.95 per visit. Prices are subject to change, and the rate displayed at the time of purchase applies to that visit.
Weekly Direct Debit: Weekly memberships are billed via direct debit from your nominated bank account or credit card. Payments are debited weekly in advance. By signing up for a weekly membership, you authorise Top Gym Australia to debit the applicable amount each week until you cancel your membership in accordance with these Terms. If a direct debit payment fails, we will attempt to process the payment again within three business days. If payment continues to fail, your gym access may be suspended until the outstanding amount is resolved.
Annual Membership: Annual memberships are paid as a single upfront payment covering 12 months of access. The annual rate represents a discounted rate compared to the cumulative weekly cost. Annual memberships commence on the date of payment and expire exactly 12 months later.
Price Changes: We reserve the right to adjust membership prices with at least 30 days’ written notice. For weekly members, the new rate will take effect following the notice period. Annual members are not affected by price changes until their renewal date.
3. Cancellation Policy
Weekly Memberships: You may cancel your weekly direct debit membership at any time by providing at least seven days’ written notice to our team via email at info@malarines.com or in person at any Top Gym Australia location. Your access will continue until the end of the current billing period after the notice period has elapsed. No cancellation fees apply.
Annual Memberships: Annual memberships may be cancelled within the first 14 days of purchase for a full refund (cooling-off period), provided you have not used the facilities more than twice during that period. After the cooling-off period, annual memberships are non-refundable except in cases of genuine medical incapacity supported by a doctor’s certificate, or if you relocate more than 50 kilometres from the nearest Top Gym Australia facility (proof of new address required). In such cases, a pro-rata refund of the unused portion may be issued at our discretion.
Membership Freeze: Weekly and annual members may request a membership freeze of up to four weeks per calendar year for medical reasons, extended travel, or other exceptional circumstances. Freeze requests must be submitted in writing at least seven days before the desired start date. Freezing your membership extends your membership end date by the frozen period. No fees are charged during a frozen membership period.
4. Facility Use and Access
Top Gym Australia facilities are available 24 hours a day, 7 days a week, including public holidays, unless otherwise notified. Access is provided through the GymMaster app using Bluetooth or QR code entry, or via a registered key fob. You must have an active, paid membership to enter any facility.
You use all gym equipment and facilities at your own risk. Before using any equipment, ensure you are familiar with its proper operation. If you are unsure how to use a piece of equipment, ask a staff member for guidance during staffed hours or book a complimentary equipment orientation session. Do not attempt to repair, modify, or move fixed equipment. Report any faulty or damaged equipment to staff immediately.
Certain areas within our facilities may be designated for specific purposes, such as women-only zones at our Coburg and Werribee locations. You must respect these designations and not enter restricted areas unless you are authorised to do so.
5. Code of Conduct
All members and visitors are expected to behave in a respectful, considerate manner at all times while on Top Gym Australia premises. The following rules of conduct apply:
- Treat all staff, trainers, and fellow members with courtesy and respect. Harassment, intimidation, bullying, or discriminatory behaviour of any kind will not be tolerated.
- Wear appropriate athletic clothing and enclosed footwear at all times while using gym equipment. Thongs, sandals, and open-toed shoes are not permitted in training areas.
- Bring a clean towel and place it on equipment before use. Wipe down all equipment with the provided sanitiser after each use.
- Return all weights, dumbbells, plates, and accessories to their designated storage racks after use. Leaving equipment scattered around the gym floor creates a safety hazard and is not acceptable.
- Do not drop, throw, or slam weights in a manner that could damage equipment or the facility floor, unless you are using designated lifting platforms.
- Personal belongings should be stored in the lockers provided. Top Gym Australia is not responsible for lost, stolen, or damaged personal property.
- The use of mobile phones for calls in training areas is discouraged. Keep calls brief and move to the lobby or entrance area for extended conversations.
- Photography and video recording in the gym are permitted only with the express consent of all individuals who may be captured in the footage. Recording other members without their consent is strictly prohibited.
- The possession, use, or distribution of illegal substances on our premises is strictly prohibited and will result in immediate membership termination and may be reported to authorities.
- Alcohol consumption is not permitted in any Top Gym Australia facility.
Breaches of this code of conduct may result in a verbal warning, written warning, temporary suspension, or permanent termination of your membership, depending on the severity of the breach. Serious or repeated violations will result in termination without refund.
6. Personal Training and Group Fitness
Personal training sessions and group fitness classes are subject to availability and must be booked in advance through our staff or booking system. Session packages must be used within the validity period specified at the time of purchase. Unused sessions beyond the validity period are forfeited unless an extension has been agreed in writing.
If you need to cancel or reschedule a personal training session, you must provide at least 24 hours’ notice. Sessions cancelled with less than 24 hours’ notice, or sessions missed without any notice, will be charged at the full session rate. This policy exists to respect our trainers’ time and allow other members the opportunity to book available slots.
Group fitness classes have limited capacity. Pre-booking is required, and late arrivals may be refused entry at the discretion of the instructor. If you book a group class and cannot attend, please cancel your booking at least two hours beforehand to free the spot for another member.
7. Assumption of Risk and Liability
Physical exercise involves inherent risks, including but not limited to muscle strains, joint injuries, cardiovascular events, and other physical harm. By using Top Gym Australia facilities and services, you acknowledge and accept these risks. You confirm that you are physically fit to engage in exercise, or that you have obtained medical clearance from a qualified health professional before commencing any training program.
To the maximum extent permitted by Australian Consumer Law, Top Gym Australia excludes liability for any personal injury, death, or property damage arising from or in connection with your use of our facilities, equipment, or services, except where such liability cannot be excluded by law. Nothing in these Terms limits or excludes any consumer guarantees under the Competition and Consumer Act 2010 (Cth) that cannot be lawfully limited or excluded.
You agree to indemnify and hold harmless Top Gym Australia, its directors, employees, and contractors from any claims, damages, losses, or expenses arising from your breach of these Terms, your negligent or reckless behaviour at our facilities, or your failure to follow staff instructions or posted safety guidelines.
8. Intellectual Property
All content on malarines.com, including text, images, logos, graphics, videos, and software, is the intellectual property of Top Gym Australia or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.
9. Website Use
You agree to use malarines.com only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the website by any third party. Prohibited behaviour includes transmitting any material that is defamatory, offensive, or otherwise objectionable, or that could damage or impair the functioning of our website or servers.
10. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria. Before commencing legal proceedings, both parties agree to make a genuine attempt to resolve the dispute through direct negotiation and, if necessary, mediation.
11. Changes to These Terms
We reserve the right to update or amend these Terms at any time. When material changes are made, we will update the “Last Updated” date at the top of this page and may notify members via email. Your continued use of our services after any changes constitutes acceptance of the revised Terms. We encourage all members to review this page periodically.
12. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- Email: info@malarines.com
- Phone: 1300 867 496
- Address: Top Gym Australia, 52 Holmes Street, Brunswick East, VIC 3057