Fitness Syndicate – Terms & Conditions of Membership

Definitions

1.1. Add-On means any of the additional services advertised by the Club in addition to Membership and includes:

(a) Competition Training;

(b) Group Personal Training Sessions; and

1.2. Add-On Fee means the advertised fee from time to time in respect of each Membership Add-On.

1.3. Agreement means the membership agreement between you and the Club.

1.4. Billing Account means your bank account or credit card nominated by you to have direct debit Membership Fees deducted from.

1.5. Billing Cycle means the period between each deduction of Membership Fees from your Billing Account and initially shall be one (1) week.

1.6. Club means CDRC Pty Ltd ACN 642 665 567 trading as Fitness Syndicate.

1.7. Club Rules mean the membership rules and Club rules as amended by the Club from time to time. A copy of the Club Rules are located at the Club or available by emailing the Club.

1.8. Dishonour Fee means a $6.00 fee.

1.9. Drop-In Membership Fee means the fee for non-Members to use the

Club for a single session as advertised by the Club from time to time.

1.10. Historic Member means a member of the Club who had an existing membership which is not one of the following Membership types:

(a) LM Membership;

(b) SM Membership;

(d) VLM Membership; or

(e) VSM Membership;

(a) The Drop-In Membership Fee;

(b) the LM Membership Fee;

1.11. LM Membership Fee means the weekly fee payable for LM;

1.12. Member means the individual who has entered into this Agreement

with the Club.

1.13. Membership Fees means the fees that are due and payable by you pursuant to this Agreement and include as applicable to each Member:

(d) the PM Membership Fee;

(e) the VLM Membership Fee;

(f) the VSM Membership Fee; and

(g) any Add-On Fee;

(a) Limited Membership (LM);

(b) Standard Membership (SM);

(d) Virtual Limited Membership (VLM); and

(e) Virtual Standard Membership (VSM).

(a) in person;

(b) by email; or

1.14. Membership Form means any form provided to you by the Club which requires you to provide your relevant details to the Club (e.g. name, address, payment card details).

1.15. Membership means each of the following:

1.16. Minor means members under the age of 18.

1.17. Notice means written notice between the parties to this Agreement. It must be given:

1.18. Payment Agreement means any agreement between the Club and you permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

1.19. Payment Provider means the Club’s payment provider from time to time, which is currently Clubfit.

1.20. Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Club.

1.21. PM Membership Fee means the weekly fee payable for PM;

1.22. Policies means the Club’s membership policies as amended from

time to time, which are located at www.fitnesssyndicate.com.au and upon request, are available at the Club.

1.23. Products means any goods or products purchased from the Club.

1.24. Questionnaire means any questionnaire the Club requires a Member

to complete prior to using the Club.

1.25. SM Membership Fee means the weekly fee payable for SM;

1.26. Staffed Hours means the hours during which the Club is advertised as being open. The Staffed Hours may be varied by the Club at the Club’s sole discretion and without notice.

1.27. VLM Membership Fee means the weekly fee payable for VLM;

1.28. VSM Membership Fee means the weekly fee payable for VSM;

Entitlement to Membership

2.1. Your membership is governed by this Agreement.

2.2. No person is entitled to Membership of the Club, nor is any Member entitled to continuing Membership of the Club.

2.3. This Agreement includes the following documents:

(a) this Agreement;

(b) the Membership Form;

(d) the Club Rules.

(a) Immediately for a serious breach of this Agreement;

(b) At any time if the end of the Membership occurs at the commencement of the next billing period.

2.4. The Club may end the Membership of any person:

2.5. The Club may change this Agreement at its sole discretion but must Notify Members of any change.

2.6. If this Agreement provides a benefit on a third-party, upon receipt, the Club holds that benefit on trust for that third-party.

Membership

3.1. Membership is for a period of one Billing Cycle, and shall automatically renew for the same Membership type unless the Member Notifies the Club otherwise.

3.2. Members may use the Club during Staffed Hours.

3.3. Members are permitted to attend unlimited classes or ‘Open Gym’ sessions during the period of their membership.

3.4. Members may move between Membership types only at the commencement of a billing cycle, and where a new Membership Fee is less than a Member’s current fee, may be subject to providing the Club with two week’s Notice.

3.5. Members may change their Membership type no more than once per Month.

3.6. Members must not use the Club:

(a) to conduct their own business or commercial activities;

(b) in any way inconsistent with this Agreement;

(d) in any way which is inconsistent with the safe operation of health and safety rules;

(e) if they cease to be Members.

3.7. You must complete a new Membership Form to Notify the Club of any changes to your contact information, billing information, or any medical or safety issues.

3.8. It will never be the responsibility of the Club to ensure a Member’s

contact details are up to date. 3.9. Members may be refused access to the Club if:

Payments

(a) They engage in threatening, violent, or offence behaviour;

(b) Are not appropriately dressed for the session in which they are about to participate.

(a) all Membership Fees applicable to your Membership;

(b) any Dishonour Fee imposed by the Club;

(a) the direct debit terms;

(b) the Payment Agreement;

(a) the Club may attempt to contact you but is not required to contact you.

(b) You agree to pay the Dishonour Fee;

(d) You may be charged additional fees for overdue or late payments incurred by the Club by their Payment Provider or financial institution.

page4image1802494288.png 4.1. You agree to pay:

4.2. You agree to:

4.3. All Membership Fees must be by way of direct debit using the Club’s Payment Provider.

4.4. If your payment is overdue:

4.5. The Club may refuse the renew the Membership of any Member if their Membership Fees have not been paid by the date the next Billing Cycle commences.

4.6. The Club may require a Member to pay Membership Fees in advance as a security for their continued Membership, but such charges may not exceed four (4) weeks’ Membership Fees.

4.7. The Club may:

(a) change its Payment Provider at its sole discretion;

(b) assign or novate any existing Payment Agreements to their new Payment Provider.

4.8. If the Club does change Payment Providers, you agree to both the

Club and the existing Payment Provider giving your personal details to any new Payment Provider.

4.9. The Club may change its Membership Fees at any time.

4.10. If the Club changes its Membership Fees, it shall give Members no less than 14 days’ Notice of the change before the first Billing Cycle in which the new fee shall apply.

4.11. If a Member requests a change of Membership type, it shall start at the beginning of the next Billing Cycle.

Minimum Age

5.1. The Club will not accept any person for Membership unless and until they are 16 years of age.

5.2. Any Member who is a Minor:

(a) requires an Adult to sign:

(b) may not attend the Club unless accompanied by an adult authorised in writing by a parent or legal guardian of the Minor;

(i) a Membership Form;

(ii) this Agreement;

(iii) the Payment Agreement;

(iv) the Payment Provider’s Direct Debit Request Service Agreement; and

(v) a Questionnaire;

Access by Non-Members

6.1. Only Members may access the Club’s premises, equipment, and classes.

6.2. Members are not permitted to bring non-Members into the Club without the Club’s express written consent.

6.3. If a Member breaches rule 6.2, the Member understands:

(a) The Club is not responsible for any injury, loss, or damage suffered by the non-Member, whether it was caused by the negligence of the Club or not;

(b) The Member accepts responsibility for payment to the Club of a Drop-In Membership Fee in respect of the non-Member;

(c) Upon payment of the Drop-In Membership Fee, and completion of all membership requirements imposed by the Club on new Members, the non-Member shall be admitted to membership of the Club for the period of one Billing Cycle.

(d) Their Membership may be immediately terminated by the

Club without notice and their readmission to membership may be on such terms imposed on the Member as the Club determines in its sole discretion.

Orientation

7.1. All new Members must attend a scheduled orientation program as determined by the Club before the Member may attend classes, or use the premises or equipment unattended.

7.2. The Member understands the Club

(a) does not provide medical advice;

(b) does not provide health advice;

(c) will not provide advice to Members which might be construed to be medical advice, nutritional advice, health advice, or advice on supplement or vitamin use; and

(d) does not warrant the ingredients of any of the supplements it offers for sale as being WADA compliant.

7.3. The Club may immediately suspend the membership of any Member who refuses to attend an orientation, or who does not satisfactorily complete their orientation to the requirements of the Club in its sole discretion.

Physical Condition

8.1. It remains the Member’s sole responsibility to not attend classes, nor

use the Club premises or equipment if their attendance or use may adversely affect the health (or any medical condition) of the Member.

8.2. The Member warrants that to the best of their knowledge, they do not have any physical, medical, or health condition (including a disability) which may be affected or aggravated by their use of the Club which might result in the Member’s illness, injury, sickness, or death.

8.3. The Member repeats this warranty upon each attendance at the Club and understands that the Club relies upon it.

8.4. The Club may require any Member to provide it with a letter from the Member’s doctor confirming the Member is cleared to attend classes, or to use the premises and equipment.

Questionnaire

9.1. Each Member must complete a questionnaire provided to them by the Club before their membership is activated.

9.2. If the Member is aware their response to any question in the questionnaire has changed at any time during their membership, they must request a new questionnaire from the Club, complete it, and return it to the Club.

Video and Audio Surveillance

10.1. The Member agrees the Club may use video and audio surveillance equipment to monitor the Club on a 24 hour basis.

10.2. The Member agrees the Club is not required to undertake such surveillance, and that if it does, it is for the sole benefit of the Club.

10.3. The Member agrees:

(a) the Club may authorise the use of photography or audio- videography within the Club premises without further notice to the Member; and

(b) that photos, audio, or video taken of the Member may be used on the Club’s website, social media, and for any otherpromotional purposes.

(a) does not manufacture any of its equipment;

(b) may lease (and therefore not own) the equipment;

(a) any specific equipment will be available within the Club from time to time;

(b) you will be able to use a specific piece of equipment upon demand by you;

(d) equipment in the Club will be of any particular standard or condition.

10.4. The Club agrees that no video, audio, or photography will be permitted within the bathrooms or changing facilities.

Equipment

page7image1025476176.png 11.1. The Member understands the Club:

equipment is properly maintained.

11.2. The Club does not warrant that:

11.3. Members understand that they may not be permitted to use the equipment unless they are participating in a timetabled class, or the Club is operating during timetabled ‘Open Gym’ periods.

Classes & Coaching

12.1. The Club warrants that each class will be led or supervised by an appropriately qualified coach, who will be a servant and/or agent of the Club.

12.2. Members agree that they will follow the requests of any coach during that class.

12.3. All classes must be booked by the Member using the Club’s electronic booking system.

12.4. Members are not entitled to a discount, rebate, or refund due to their absence from classes, even if they provide Notice of their Absence, except at the sole discretion of the Club upon presentation by the Member of exceptional health circumstances, including the death of a Member.

Personal Training Sessions

13.1. If a training session booked and paid for in advance, including any Add-On, is cancelled on not less than 24 hours’ Notice, the session may be rescheduled.

13.2. If a session is cancelled twice, the Club may require a letter from the Member’s doctor evidencing their incapacity to undertake the session and that such incapacity was not known to the Member at least 24 hours prior to the session.

13.3. If a session is cancelled on less than 24 hours’ notice, the Member forfeits the fee for that session. The Member may apply for relief from this Rule at the Club’s sole discretion on providing evidence of exceptional circumstances.

Liability for Property

14.1. Lockers may be available for use by Members, but they should not be considered to be security devices.

14.2. The Club is not responsible for any personal property of a Member which is damages, lost, or stolen while on or around the Club, including the car park and Member’s vehicles.

14.3. If you cause damage to the property of the Club, or any other Member:

(a) you will be responsible for the cost of its repair or replacement;

(b) your membership may be terminated without notice;

14.4. Rule 14.3 is a promise made by each Member to each other Member and may be enforced by a Member against any other Member without reference to the Club.

14.5. Each Member agrees to be bound by this rule.

14.6. This rule will continue to apply to a Member, even if the Club terminates their membership.

Parking

15.1. Members are permitted to park in the Club carpark, at the Member’s risk, only while using the Club.

15.2. If the Carpark is full, parking is available off-site pursuant to local

authority rules and regulations, and at a Member’s own risk.

15.3. Members must not block the driveways at any time.

15.4. Any Member in breach of this rule may have their membership suspended and indemnifies the Club for any loss or damage incurred by it due to that Member’s breach of this rule.

Release and Indemnity

16.1. The Club is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.

16.2. If you accept this Agreement, you agree to restrict the Club’s liability 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.

16.3. The Club may refuse to continue your membership if you do not agree to exclude, restrict or modify your rights by accepting this Agreement.

16.4. If you accept this Agreement, you may still have further legal rights against the Club.

16.5. A parent or legal guardian of a Minor cannot legally agree to exclude, restrict or modify their rights.

Release and Indemnity (Queensland)

17.1. You:

(a) use the Club and its facilities and equipment at your own risk;

(b) agree that the use of the Club may involve risk of injury, whether caused by you or another party;

(c) you agree the Club will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from attending our classes, or using our facilities or equipment.

17.2. This release does not apply if your death or injury results from gross negligence on our part.

Medical Incidents

18.1. Each Member agrees to immediately report to the Club:

(a) any equipment which they believe may require maintenance;

(b) any incident they witness or were a party to which causes a Member offence, or which might constitute a criminal offence, or which might constitute a health & safety incident including any medical incident.

18.2. Each Member agrees they shall not act in any way which puts other Members in physical danger.

18.3. Members agree to adhere to any health directions including social distancing requirements which the Club advertises as being in place, from time to time.

Historic Memberships

19.1. If a Member is an Historic Member, the terms of their existing Membership continue to apply only in so far as:

(a) Payment arrangements;

(b) Fees payable;

(d) Termination periods.

19.2. Otherwise, in consideration for continuing to offer the Member the Historic Membership, the Member agrees the remainder of this Agreement will apply to their membership.

19.3. An Historic Member may suspend their membership once per calendar year for a period of not more than 14 days and not less than 7 days.

19.4. The Historic Member must provide the Club with not less than 14 days’ Notice of the suspension.

19.5. A Suspension cannot be activated for a Historic Member if their Membership Fees are in arrears.

19.6. The Club will not accept suspensions over the Easter Weekend, or between 20 December and 3 January when the Club will remain open.

Your Right to Terminate Your Membership

20.1. If you terminate your Membership during your first Billing Cycle:

(a) Your Membership Fee will be refunded;

(b) you agree to pay (whether by set off or otherwise) the Drop- In Membership Fee for each attendance by you at the Club during that first Billing Cycle but such fees shall not exceed the membership fee for the membership being terminated.

page11image1029228288.png 20.2. You may terminate your Membership during the first Billing Cycle by Notice to the Club which must include notice that this is your first Billing Cycle.

20.3. After your first Billing Cycle, the Club requires 2 week’s Notice of your intention to terminate your Membership.

page11image1801851728.png

The Club’s Right to Terminate Your Membership

page11image1801819952.png page11image1801820160.png 21.1. The Club may restrict your membership at any time on the following

page11image1801865792.png basis:

page11image1801867488.png (a) concern for the health and/or safety of the Member; or

(b) non-compliance, improper or harmful conduct engaged in by the Member.

(a) you fail to make any payments of your Membership Fees;

(b) The Club reasonably suspects that you are engaging in illegal activity in the Club;

(d) your conduct is improper or harmful to the best interest of other Members.

(a) termination will be effective on the date the Club provides Notice;

(b) You remain liable for all financial obligations until that date;

(a) you cease to be permitted access to the Club;

(b) if you continue to owe money to the Club when your membership ends, it remains immediately due and payable;

(d) If there is not enough money to cover the amount owing to the Club, you must pay the balance of the amount owing.

page11image1801939936.png 21.2. The Club may terminate your membership at any time on the following basis:

page11image1801949904.png page11image1801950208.png 21.3. If the Club terminates your membership:

page11image1801956128.png page11image1801956432.png 21.4. Upon the Club’s termination of your membership:

page11image1801963072.png page11image1801963376.png 21.5. Upon termination of your membership by your election:

page11image1801970800.png (a) You continue to remain a Member until the end of the Billing Cycle for which you have already paid fees;

(b) You may continue to access the Club, attend classes, and use the equipment until your Membership expires at the end of your final Billing Cycle;

21.6. 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.

Termination and Unauthorised Cessation of Direct Debit

22.1. 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 the Club for any unpaid fees, or fees incurred by the Club.

Assignment

23.1. The Club may assign or novate its rights under this Agreement at any time without your prior consent.

23.2. Membership remains personal to the Member and may not be assigned, transferred, or gifted or otherwise disposed of to any other person.

Risk Warning

24.1. The Club provides Members with the following warning:

While you are at the Club, you are at risk of suffering physical harm or personal injury.

This may include broken bones, soft tissue injury, joint injury, temporary injury, permanent injury, disability, or death.

These injuries may occur from you:

(a) Slipping on wet flooring;

(b) Being struck by weights;

(d) Engaging in strenuous exercise and activities; or

(e) Incorrect (or even the correct) use of equipment.

(a) your actions and

(b) from the action, omission, or negligence of other users of the club, whether they are Members or not.

24.2. You accept that any such injury may result from:

24.3.

You agree:

(a) the above list is not (nor is it intended to be) exhaustive;

(b) there are other unknown or anticipated risks which may result in your injury, illness, or death;

(d) that there are some significant and inherent risks involved;

(e) you are participating voluntarily;

(f) you are participating at your own risk;

(g) your presence at the Club exposes you to these risks;

(h) these risks exist whether or not you are attending a class, or using the facilities or equipment.

I _, have read these Rules and request admission to the Membership of the Club.

____ Full Name: _ Date: _

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