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Terms and Conditions

Confit gym MEMBERSHIP TERMS AND CONDITIONS These terms and conditions and any document referred to in them (Terms) are between Convict Fitness Pty Ltd  ABN 66641802379, trading as Confit gym (we, us or our) and you, and together the parties. These Terms will apply to all Membership Services provided by us to you, or to your dependent. You accept and consent electronically these Terms when you sign these Terms via our Site, whether on behalf of yourself or your dependent. If you accept these Terms on behalf of your dependent, any reference to “you” will be to your dependent where applicable.

IMPORTANT INFORMATION ONGOING AGREEMENT

You acknowledge that your agreement is ongoing (and has a Minimum Commitment Period) and it is an agreement that will continue after the initial term until either you or we terminate it in the way described in these Terms. Fees will continue to be debited from your credit card or account until you or we cancel the arrangement by notifying your bank or credit provider. If you terminate these Terms or stop the automatic debit arrangement in a manner not described in the agreement; you may be liable for damages for breach of contract.

COOLING OFF PERIOD

Your initial Membership is subject to a 7 day cooling-off period which commences on the Start Date. The cooling-off period ends 7 days after it starts. During the cooling-off period either you can terminate your membership by giving notice to us in writing and we will refund the membership fee minus the administration fee and the fee for any services provided as set out in this Agreement.

1 DEFINITIONS IN THESE TERMS

 

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time. Cancellation Fee means the: (i) full payment of your Membership Fees for 4 weeks after you have notified us of your termination request and (ii) payment of 50% of the Minimum Commitment amount outstanding for the remainder of the Minimum Commitment Period, from 4 weeks after the notification date, with the exception of 1 Month Memberships, Termination of Membership due to Physical Incapacity, Relocation outside of a 20 kilometre radius from the premises of your Membership Services or Pregnancy, of which this cancellation clause does not apply. These Cancellation Fees do not apply to Provisional Memberships. Class means a fitness class offered by us at a specified time, which requires a booking. Failed Payment Fee means the fee payable by you to Ezipay if your direct debit payment is declined, as set out in the Ezipay service agreement which you signed as part of the sign up process. Fees means the fees payable by you for your Membership, as communicated by us (including via our Site) and which may be adjusted in accordance with these Terms. Gym Facilities means the space and gym equipment we offer for your use, including the Recovery Zone, weights, machines, change rooms, equipment and implements. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise. Membership is your right to access the Membership Services, subject to and in accordance with these Terms. Membership Services means the following: (a) access to and use of the Gym Facilities; (b) access to Classes; and (c) any other services that we communicate to you (including via the Site), from time to time, subject to these Terms. Minimum Commitment Amount means the total amount payable to purchase Membership Services over the Minimum Commitment Period, as specified on our Site. Minimum Commitment Period means any minimum Membership period that applies to your Membership. If your Membership enters a Renewal Term, your new Minimum Commitment Period is ongoing, from month to month. Membership Plan means the relevant membership type which you select, as specified on our Site. Payment Terms are described in clause 8. Personnel means any of our employees, consultants, suppliers, subcontractors, contractors, agents, instructors, trainers, affiliates and members. Premises means for the premises for the gym at which you chose to become a member, the address is set out at the end of this Agreement. Provisional means for the conditional or temporary term issued. Site means our website available at www.confitgym.com.au Start Date means the date that you are deemed to have accepted these Terms. Term means the term of these Terms, commencing on the Start Date and ending on the later of the completion of the Minimum Commitment Period, the expiry of any Renewal Term and the date on which these Terms are terminated in accordance with these terms.

2 STARTING YOUR MEMBERSHIP

(a) You may purchase a Membership from us by choosing a Membership Plan and completing a membership application on the Site.

(b) You agree to provide accurate, current and complete information during the registration process and to advise us of any changes to the information.

(c) It is your responsibility to check your chosen Membership Plan, applicable Fees and these Terms, before you submit your application.

(d) These Terms take effect on the Start Date.

3 HOW LONG DOES YOUR MEMBERSHIP LAST Minimum Commitment Period

(a) Your membership is for the supply of the prescribed goods and services on an ongoing basis and will continue until terminated by you or Confit gym. Our Memberships have minimum commitment periods of 3 months, 6 months or 12 months from the Start Date depending on the Membership Plan you select. In the case of 3 month, 6 month or 12 month Memberships, you acknowledge that unless you provide notice of termination prior to the end of your Minimum Commitment Period, your Membership will be automatically renewed for the same Minimum Commitment Amount as your previous Minimum Commitment Amount on an Ongoing Month to Month Commitment (Membership Renewal).

Freezing Membership

(b) If you hold a 1 month, 3 month, 6 month or 12 month Membership, you may place your Membership on hold by notifying us 7 days prior to the requested hold start date. A 1 month, 3 month, 6 month or 12 month Membership can be placed on hold for a minimum of 14 days, and are not available for pauses shorter than 14 days. You will be able to place your 1 month, 3 month, 6 month or 12 month Membership on hold for a total of 8 weeks within a calendar year. If you place a hold on your Membership during the Minimum Commitment Period, the Minimum Commitment Period will be extended by the period for which you have suspended or frozen your Membership. We may offer a hold of more than the permissible 8 weeks at our discretion. If we agree to provide such hold, we will charge you an administration hold fee of $7 per week during the hold to cover the administration costs. A membership hold is not available on a Provisional Membership.

(c) Where you are unable, by reason of temporary physical incapacity to use the Membership Services, you may notify us and provide a medical certificate confirming such incapacity and you will be entitled to a freeze of your Membership to a maximum of 3 months total in any 12 month period. If you place a hold by reason of physical incapacity on your Membership during the Minimum Commitment Period, the Minimum Commitment Period will be extended by the period for which you have suspended or frozen your Membership. We will charge you an administration hold fee of $7 per week during the hold to cover administration costs.

(d) Where you are unable to use the Membership Services by reason due to pregnancy, you may notify us and provide medical proof of pregnancy and you will be entitled to freeze of your membership for the full term of pregnancy; and a further 6 weeks clearance after birth. We may offer a further 6 weeks freeze at our discretion. Medical proof of birth will be required for the freeze required after birth. A membership freeze required after 12 weeks (post birth) will incur a hold fee of $7 per week during the hold duration, to cover administration costs. If you place a hold by reason of pregnancy on your Membership during the Minimum Commitment Period, the Minimum Commitment Period will be extended by the period for which you have suspended or frozen your Membership. Transfer of Membership

(e) If you are unable to fulfill the remaining Minimum Commitment Period on your Membership, a transfer of membership is permissible to a non-Confit gym member; meaning the membership cannot be transferred to an existing Confit gym member. The non-member signing the transfer of membership agrees to signing and undertaking Confit gym Membership Services for the remaining Membership Minimum Commitment Period and Minimum Commitment Amount on the existing, transferring membership; ending on the same contracted end date. We will charge you any outstanding arrears and an administration fee of $59, payable to the franchise; to be charged on the date of your last billing cycle before the agreed date of transfer of membership. Transfer between facilities Transfer of membership between facilities will only be by agreement of the Manager of the facility to which the member wishes to transfer to. Paid in full membership

(f) A paid in full membership is valid for the 1 month, 3 month, 6 month or 12 month Membership Commitment Period. If a paid in full membership is terminated prior to the agreed Minimum Commitment Term, you will be charged the Cancellation Fee for the remaining Minimum Commitment Period, arrears, and refund the remainder of the unused minimum Commitment Amount for the remaining unused Minimum Commitment Period. If you purchase a paid in full membership and need to terminate the membership prior to the end date; you can transfer the remaining Minimum Commitment Period on your Membership to a non Confit gym member for a set fee as outlined in clause 3e. Provisional Membership

(g) Includes a Provisional Commitment Period issued for the completion of challenges, programs and workshops. This provisional membership is offered at a fixed commitment amount valid for the provisional term only, expiring on the membership end date. A provisional membership cannot be repeated consecutively and not valid for a membership freeze or hold. If a provisional membership cannot be used or you need to terminate the membership before the end date; you void any refund of the commitment amount. A provisional membership cannot be transferred.

4 OUR OBLIGATIONS

(a) In consideration of you paying us the fees, we will provide the Membership Services in accordance with these Terms, whether ourselves or through our Personnel.

(b) We agree to provide you, upon request, with a copy of the National Fitness Industry Code of Practice.

5 GENERAL MEMBERSHIP TERMS

 

You acknowledge and agree that:

(a) the provision of some, or any, of the Membership Services may be subject to availability or a screening process which you will be required to fulfil (including completion of our pre-fitness questionnaire and showing us appropriate identification documentation at your first visit to the Premises). We reserve the right to refrain from providing you the Membership Services if you fail to fulfil the requirements of the screening process but we will refund any Fees paid for you in this case;

(b) Where your answers to the pre-exercise questionnaire indicate that you may be at risk from participating in the certain activities, we will not supply these activities to you unless you provide us evidence from or state in writing that you have received advice from an appropriate health professional to the effect that you are, in the opinion of the practitioner or health professional, not at risk from participating in the proposed activity;

(c) We (through our Personnel) may introduce other Membership Services or offer additional services, from time to time, in our absolute discretion.

We will determine the fee (if any), scope and conditions of new Membership Services or additional services at our discretion. You will need to pay applicable fees directly to the provider of the additional services and agree to separate terms and conditions. We are not responsible for additional services provided by a third party including fees or any associated costs, refunds or claims, unless they are provided by us;

(d) We may make changes to the Membership Fees, from time to time, by giving you at least 30 days’ notice.

If we give you notice of any changes and you do not agree to the changes, you may notify us of this before the new Membership Fees come into effect and you may terminate these Terms at the end of the 30 day notice period.

You must pay your Membership Fees until the end of the 30 day notice period but you will not be liable to pay a Cancellation Fee; and

(e) We may make other changes to these Terms, from time to time, by giving you at least 30 days’ notice. If we give you notice of any changes and if you do not agree to the changes and if you are adversely affected by the changes, you may notify us of this and provide us evidence of the adverse effect before the new terms come into effect and we will either remedy your concerns or you may terminate these Terms at the end of the 30 day notice period. In this case, you must pay your Membership Fees until the end of the 30 day notice period but you will not be liable to pay a Cancellation Fee.

6 RULES OF CONDUCT

 

Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree to:

(a) Comply with these Terms, all applicable laws, and all of our reasonable requests, directions or requirements at all times during the Term;

(b) Observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;

(c) Refrain from causing disruption to other members or other people in the Premises;

(d) Not be under the influence of alcohol or non-prescription drugs when in the Premises or when participating in the Membership Services;

(e) Not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party;

(f) Respect all personnel, fellow members, equipment and facilities and ensure you leave equipment in an orderly manner for the use of the next person;

(g) Keep any belongings and valuables you bring into the Premises safe;

(h) Required to wear suitable footwear and clothing.

(i) Clothing or tattoos including offensive racial, sexual, discriminative, derogatory; words, images, logos, pictures, cartoons or slogans are not acceptable and will be required to be removed or covered up;

(j) Practice of good hygiene and good gym etiquette, including personal hygiene, oral hygiene, using deodorant or antiperspirant; good gym etiquette including bringing and using a towel at all times when using the Membership Services; and the wiping down of equipment after use.

(k) Cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Membership Services, as requested by us from to time, and comply with these requests in a timely manner; and

(l) Remain solely responsible for all and any activities you undertake through the use of the Membership Services.

7 BOOKING CLASSES

(a) You must make a booking to attend a Class via the Site.

(b) Your Class booking is not confirmed until you receive a confirmation message via the Site or the Confit gym mobile App.

(c) You will only have access to the Classes at the premises where you signed up for a Membership.

8 PAYMENT

(a) You agree to pay us the Fees and any other amounts payable to us under these Terms by direct debit payment on the Start Date of your membership and every week, fortnight or month, depending on the billing cycle you have chosen from the Start Date or as otherwise agreed between the parties (Payment Terms). First membership payment will process on the day of membership waiver approval.

(b) You must provide us with all information which we may require in order to set up direct debit payments, including signing the Ezipay service agreement we make available to you.

(c) If any payment has not been made by the due date set out in the Payment Terms, we may charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.

(d) If we are not able to be successfully process a direct debit payment, then a Failed Payment Fee of $14 is payable on each occasion we are unable to direct debit your nominated account.

(e) We will endeavour to contact you by phone, text or email to inform you of any overdue payments. In the event that we cannot contact you, we will provide you with written notice of overdue payments.

(f) If any payment has not been made within 14 days of the due date set out in the Payment Terms, we may (at our absolute discretion) immediately cease providing the Membership Services.

(g) We reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

(h) We may from time to time offer promotional deals and discounts for select Membership Plans and Membership Services. To claim the discount, you must make your purchase in accordance with the conditions of the promotion as specified on the Site where the promotion is advertised.

9 YOUR ACKNOWLEDGEMENTS AND WARRANTIES

(a) Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:

(1) In the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Membership Services, you must immediately notify us, cease to use the Membership Services and contact your medical provider;

(2) You are solely responsible for determining the suitability of any Membership Services, and your reliance on any information that is provided to you is at your own risk;

(3) The Fitness Waiver provided to you via the Site forms part of these Terms; and

(4) We may, from time to time allow access to the Premises to external third parties . (b) You represent and warrant that: (1) You are 18 years or older, or if you are under 18 years, your parent or legal guardian has accepted these Terms on your behalf and you have the consent of a legal guardian to use the Membership Services and that you are at least 14 years old; (2) If you are signing on behalf of a dependent, you have informed your dependent of the rules of participating in any Membership Services; (3) There are no legal restrictions preventing you from agreeing to these Terms; (4) You will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the membership, as requested by us from time to time, and will comply with these requests in a timely manner;

(5) You will at all times comply with the Rules of Conduct set out in these Terms;

(6) Any information you provide to us is true, correct and complete;

(7) You will not use the Membership Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel;

(8) Where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in your chosen Membership Services you will inform us and either: (a) you will not participate in those Membership Services; or (b) you have received consent from a medical professional to participate in those Membership Services;

(9) You will follow our reasonable instructions;

(10) You will inform us if you have reasonable concerns relating to our provision of the Membership Services under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns; and

(11) You are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for your chosen Membership Services to be provided to you, at your cost, and for providing us with the necessary consents, licences and permissions which we may require.

10 AUSTRALIAN CONSUMER LAW

(a) Certain legislation, including the Australian Consumer Law (ACL), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Membership Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). You agree that we do exclude certain rights you may have under the Australian Consumer Law in the “Liability – Recreational Activities” below.

(b) If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Membership Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. (c) Subject to your Consumer Law Rights, we exclude all warranties, and all material, work and services (including the Membership Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis, except where expressly set out in these Terms.

(d) This clause will survive termination or expiry of these Terms.

11 LIABILITY – RECREATIONAL ACTIVITIES WARNING UNDER THE AUSTRALIAN CONSUMER LAW RISK WARNING

 

Your participation in the Membership Services may expose you to the risk of death, physical harm or personal injury. The risk of death, physical harm or personal injury may arise from, but is not limited to, third party participants, your physical fitness level, tiredness or overexertion, strenuous exercises, your training technique, equipment supplied by us or any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You understand and voluntarily accept any risk that may arise from your participation in the Membership Services.

(a) By accepting these Terms, you agree that you have read the risk warning above, and you are aware that the Membership Services are a recreational service (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law), or a recreational activity (as that term is defined in the Civil Liability Act 2002 (NSW)) and that it can be dangerous. Recreational activities include your or your child’s use of the Membership Services. You accept that there is a degree of risk and you acknowledge that by participating in the Membership Services you do so at your own risk.

(b) You agree to release Convict Fitness Pty Ltd ABN 66641802379, trading as Confit gym and any affiliates and all parties (including our Personnel) associated with organising and delivering the Membership Services from any responsibility or legal liability in connection with the recreational activities or recreational services. You agree that any liability in relation to recreational activities or services for death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you, (i) that is or may be harmful or disadvantageous to your or the community; or (ii) that may result in harm or disadvantage to you or the community in connection with the recreational activity or your attendance at the Premises and participation in the Membership Services is excluded.

(c) This release does not apply to significant personal injury caused by reckless conduct by Convict Fitness Pty Ltd ABN 66641802379 trading as Confit gym. If you have accepted these Terms on behalf of your child, you agree to the release and exclusion of liability above in relation to your child’s participation in the recreational activities and services.

(d) This clause will survive the termination or expiry of these Terms.

12 LIMITATIONS

 

Despite anything to the contrary, to the maximum extent permitted by law (in particular subject to your rights under the Australian Consumer Law):

(a) You warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us; (b) You agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(c) Our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the Membership Services to you, or, at our option, refunding to you the amount you have paid us for the Membership Services to which your claim relates;

(d) We will have no Liability, and you release and discharge us from all Liability, arising from or in connection with: (1) Any loss, theft or damage to your property (including personal items) where not caused by our fraud, wilful default or gross negligence; (2) Any negligent acts or omissions of you or any third party, including any third party that you allow onto the Premises or to use any part of the Membership Services and/or any other member or user of the Premises; and/or (3) Lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Membership Services. (e) This clause will survive termination or expiry of these Terms.

13 TERMINATION

(a) Your Membership will begin on the Start Date and continue for the Term. YOUR TERMINATION RIGHTS

(b) Your Membership is subject to a cooling 7 day cooling-off period which commences on the Start Date. The cooling-off period ends 7 days after it starts; during which, either you or we can terminate your Membership by providing written notice.

(c) If your Membership is terminated within the cooling-off period:

(1) Both parties will be discharged from any obligations and/or liabilities under these Terms; and

(2) You will be entitled to a refund of any Fees paid by you, however, we may deduct the cost of any Membership Services which you used during the cooling-off period (being $35 per Class) and an administration fee of $59.

(d) Where you have a 1 month, 3 month, 6 month or a 12 month Membership, if you wish to terminate your Membership you must give 4 weeks notice and your Membership will terminate at the end of the 4 weeks with the applicable cancellation fee payable on the last billing cycle prior to week 4 of your Membership Service end date. In the case of 1 month Memberships, you may terminate your Membership at any time, with the applicable cancellation fee payable. In the case of 3 month, 6 month or 12 month Memberships, you must provide notice of termination prior to the end of your Minimum Commitment Period, to cease the automatic renewal of your Membership Services.

(e) Subject to clause 13(f) and 13(g), if your Membership Plan is subject to a Minimum Commitment Period, you may terminate your Membership and these Terms during the Minimum Commitment Period by providing us with notice in writing, in which case the following will occur:

(1) You must pay us the Cancellation Fee via direct debit; and

(2) Both parties will be discharged from any obligations and/or Liabilities under these Terms from the first direct debit date after we receive notice of your termination of your Membership and we have received the Cancellation Fee.

(f) You may terminate your Membership and these Terms if you cannot use the Membership Services due to your permanent sickness or physical incapacity. You must provide written notice of the termination and a medical report detailing your permanent sickness or physical incapacity; stating that you cannot use the Membership Services because of your permanent sickness or physical incapacity.

(g) You may terminate your Membership and these Terms if you cannot use the Membership Services due to relocation outside of a 20 kilometre radius from the premises of your Membership Services. You must provide written notice of the termination and supporting documentation including your full name and new residential address.

(h) Subject to clause 13(f) and 13(g), Where you paid the Membership Fees upfront, we will refund to you, within 14 days after you terminate these Terms, the unused part of the Membership Services less the applicable cancellation fee, any arrears and an administration fee of $59. Where you have an ongoing Membership, we will stop the direct debit from the date of your termination and you will be charged any pending arrears and an administration fee of $59.

(i) You may terminate your Membership and these Terms upon written notice, if we commit a material breach of these Terms and we do not remedy the breach within 14 days of you giving us notice to do so, in which case you will be entitled to a pro rata refund for any Membership Fees already paid by you to us, and we will not charge you and further Membership Fees and we will cease providing Membership Services to you.

OUR TERMINATION RIGHTS (j) We may terminate your Membership and these Terms, immediately, if:

(1) You commit a serious breach or repeated minor breach of these Terms;

(2) You breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;

(3) You act in a manner that is dangerous to or abusive of any person;

(4) We have a reasonable grounds to suspect your use, possession, supply or distribution of illicit drugs or banned supplements (including performance and image enhancing drugs or supplements);

(5) Any payment has not been made within 7 days of the due date set out in the Payment Terms; or

(6) You breach any terms and conditions set out on any direct debit request or authorisation form.

(7) A conflict of interest arises when you as a member become associated with a competing business or any other situation that may compromise the interest of Confit gym or its members. Examples of conflicts of interest may include, but are not limited to, owning or operating a competing gym or fitness facility in the same geographical area as a Confit gym, being employed by a direct competitor, solicitation of members to competing fitness facility, service or direct competitor, the compromise or defamation of Confit gym or members integrity and reputation. (k) If we terminate your Membership and these Terms for any reason outlined in clause 13(j), we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach (including debt collection fees), collection of 50% of the remaining Minimum Commitment Amount of your remaining Minimum Commitment Period, any arrears, Administration and / or Cancellation Fees, or pursue legal action.

 

GENERAL TERMINATION (a) Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.

(b) Unless otherwise agreed between the parties, if these Terms are terminated, then any current Membership will also terminate on the date of termination.

(c) Termination of these Terms and/or any Membership will not affect any rights or liabilities which a party has accrued under it.

(d) This clause will survive the termination or expiry of these Terms.

14 COVID-19

(a) You must refrain from accessing the Premises and participating in Membership Services if you are, or might be unwell, or live in or have been to an area that has a particularly high risk of COVID-19 (or any variation or mutation of the disease), including any regions the Federal or State government has declared a hotspot (Hotspot). You agree that we reserve the right to refuse you entry or to cancel your Class booking if you have been to a Hotspot.

(b) When attending our Premises, you must comply with any government directives regarding COVID-19 (or any variation or mutation of the disease), and we may also introduce additional directions beyond those prescribed by the government with which you must comply. When attending our Premises, we ask you to maintain a physical distance from other people. You agree that entry to our Premises may be subject to a temperature check, completion of a COVID-19-safe check-in, and you may be required to wear a face mask.

15 COLLECTION NOTICE

(a) We collect personal information about you in order to provide the Membership Services to you, to enable you to access and use the Membership Services, to manage your bookings, to monitor your progress and tailor additional services for you, to contact and communicate with you and to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our Membership Services (including our information technology service providers, data storage, web-hosting and server providers, professional advisors, debt collectors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about:

(1) How we store and use your personal information;

(2) How you can access and seek correction of your personal information;

(3) How you can make a privacy-related complaint; and

(4) Our complaint handling process.

(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

16 DISPUTES

(a) If you have any feedback or questions about your Membership or the Membership Services, please contact us in writing.

(b) If there is a dispute or you have a complaint in relation to these Terms, your Membership or the Membership Services, you must tell us in writing the nature of your complaint and/or dispute, what outcome you are looking for and what action you think will settle the dispute (Complaint Notice). Within 7 days of receiving your Complaint Notice, we will contact you to seek to resolve your complaint.

(c) If you believe that we have breached the National Fitness Industry Code of Practice in relation to your complaint, you may lodge a complaint with Fitness Australia.

17 GENERAL

(a) Assignment You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our consent. We may assign or transfer our rights or obligations under these Terms with notice to you.

(b) Assignment of Debt You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

(c) Entire Agreement Subject to your Consumer Law Rights, these Terms contain the entire understanding between the parties and the parties agree that no representation or statement has been made to, or relied upon by, either of the parties, except as expressly stipulated in these Terms, and these Terms supersede all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

(d) Governing Law These Terms will be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

(e) Notices Any notice given under these Terms must be in writing addressed to us at our details at the end of these Terms or you at your details which are registered with us. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(f) Publicity You agree that we may advertise or publicise the provision of the Membership Services to you, including on our Site or in our promotional material. Please let us know if you would not like your participation in the Membership Services to be publicised.

(g) Severance If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

(h) Survival Any clause which by its nature survives the expiry or termination of these Terms, survives the expiry or termination of these Terms.

(i) Waiver No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the party against whom the waiver would have been enforced.

2024.01.13

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