PART 1: TERMS AND CONDITIONS

1. KEY DETAILS

Part 1. Our details: Amber Kiker ABN 30 711 938 244 trading as Fitness4Me

Part 2. The address of the premises First Floor, 82 Ovens Street, Wangaratta VIC 3677

at which the services are to be supplied:

Part 1. Membership type:

Weekly unlimited membership.

$39 per week - Fee due/withdrawn on Wednesday of each week.

Part 4. The period for which you are entitled to receive services for each payment made (the Supply Period):

Part 5. The periodic payment amount and due date:

Part 6. Services provided: Individual programs to be followed under general supervision & 1:1 Training

Part 7. Admin Fee:

Part 8. Other amounts payable: N/A.

Part 9. Our contact details:

Email: info@fitness4me.net.au - Mobile: 0417 231 012

(Accurate as at today’s date, subject to updates)

Part 10. Other comments:

2. DEFINITIONS

In this agreement, the following meanings are given the definitions prescribed below:

(a) the agreement means this membership agreement incorporating all of the documents referred to in clause 3(b) below.

(b) billing account means the bank account or credit card nominated by you to have your direct debit membership fees deducted from.

(c) code of conduct means the code of conduct as amended from time to time, which is located at the end of this agreement.

(d) dishonour fee means a $15.00 fee.

(e) pre-exercise questionnaire means the pre-workout questionnaire that you are required to complete.

(f) member / you / your means the individual who has entered into this agreement with us.

(g) membership fees mean the fees that you are required to pay in connection with this agreement. These fees are set out in clause 1.

(h) membership hold means a temporary period of time (described in clause 3(d) and 3(e)) where you will not be able to access our services as set out in clause 1, and we will not charge you membership fees.

(i) payment agreement means the agreement between you and us 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 debit agreement.

(j) payment provider means the payment provider specified from time to time by us, which is currently Ezidebit unless we specify otherwise.

(k) payment provider’s debit agreement means the payment’s provider’s service agreement provided to you by us.

(l) policies mean any policies provided to you in connection with this agreement from time to time (including any privacy policy).

(m) we / our / us means the business listed in Part 1 of clause 1.

3. YOUR MEMBERSHIP WITH US

(a) Your membership allows you to use our services on the basis set out in clause 1.

(b) The terms of your membership are set out in this agreement, which includes:

(i) these terms and conditions;

(ii) the payment agreement;

(iii) the policies;

(iv) the code of conduct; and

(v) the pre-exercise questionnaire.

(c) All new clients must complete a full induction prior to engaging in any exercise on the premises, irrespective of your membership type.

(d) You can voluntarily request a membership hold with us for up to two fortnights each calendar year. Each membership hold must start and end on a direct debit date (please refer to clause 5(b)).

(e) You may request an extended membership hold for up to 10 fortnights in a calendar year for travel, medical, pregnancy or bankruptcy reasons. For us to accept an extended membership hold, you must:

(i) provide sufficient supporting documents, such as a medical certificate specifying that you are unable to exercise;

(ii) pay all membership fees that are owing to us; and

(iii) request the extended membership hold in advance. We can not backdate an extended membership hold or accept pro-rata payments.

4. DIRECT DEBITS

(a) You agree to be bound by the direct debit terms and conditions as described in the payment agreement and the payment provider’s debit agreement.

(b) You must provide to us a payment agreement authorising our payment provider to debit the membership fee due for each direct debit period from your billing account.

(c) You will be charged a dishonour fee in the event that a weekly direct debit payment is dishonoured by your financial institution.

(d) Additional fees (being bank charges or administrative charges incurred by the payment provider) will apply for any overdue or late payments.

(e) If there are repeated failures to meet your payment obligations (other than through the fault of ours or our payment provider), without prejudicing our rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you.

(f) You acknowledge and agree that we may change our payment provider and that we and/or the current payment provider may, in our sole discretion, assign or novate all existing payment agreements to a new payment provider. In the event that we or the current payment provider assigns or novates the existing payment agreements to a new payment provider, you consent to us or the current payment provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this agreement.

(g) 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 us for any unpaid fees, or fees incurred by us.

5. MEMBERSHIP FEES

(a) You agree to pay all membership fees set out in this agreement.

(b) You must make your payments on a weekly basis. We will direct debit you on the Wednesday of every week, irrespective of the day of the week you commenced your membership with us.

6. YOUR PHYSICAL HEALTH AND CONDITION

(a) You are responsible for your own health whilst using our services and engaging in any exercise which has the potential to adversely affect any medical condition.

(b) By signing this agreement, you represent to us that you do not have any:

(i) physical;

(ii) mental;

(iii) medical; or

(iv) other disability or condition,

which may be in any way affected or aggravated by, or which may result in any harm to you as a result of, your use of the facilities or engaging in any exercise, bodily pose or stretch.

(c) If you have any health issues or potential concerns either at the date of signing this agreement or thereafter during your membership, you must speak with your doctor before using any equipment, exercising or otherwise receiving services from us in connection with this agreement (including those services referred to in clause 1).

(d) Our staff are not medical professionals and as such we strongly recommend that you obtain expert advice from a medical professional before starting an exercise program.

(e) If you believe any exercise, bodily pose or stretch might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join. This is highly important as it helps to ensure that the services we provide are appropriate.

(f) You must let us know if:

(i) you have an infection, illness or ailment, such as an open cut or sore; and

(ii) there is a risk, however small, to other members and guests.

(iii) if you have been in contact with anyone that may have/have had Covid 19.

7. DRUGS AND ALCOHOL

Entry to the facility will be refused, or you may be requested to leave the facility if you are under the influence of drugs and/or alcohol.

8. PROPERTY AND EQUIPMENT

(a) We provide recreational services and may not be held liable for defective fitness equipment used in connection with those services.

(b) You must take proper precautions in relation to your personal property. We encourage you to not bring any valuables onto our premises. We do not accept responsibility for any loss or damage to your belongings while you are at our premises.

(c) We are not liable to you for any personal property that is damaged, lost, or stolen while you are engaged in exercise or while you are attending our premises in connection with this agreement unless required by law.

(d) If you cause damage to any of our equipment, you must reimburse us for its cost of repair or replacement within three business days.

(e) You agree that your choice to park in any parking facilitates provided near (or within) our premises is entirely at your own risk. Please be aware of any parking restrictions in place.

9. VIDEO SURVEILLANCE

(a) We use CCTV monitoring for security purposes and to monitor the use of the premises.

(b) You acknowledge that you will be subject to video surveillance and recording on the premises.

10. IMPORTANT WAIVER, RELEASE AND INDEMNITY

(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you

(i) are rendered with due care and skill; and

(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

(iii) might reasonably be expected to achieve any result you have made known to the supplier.

(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

11. TERMINATION OF YOUR MEMBERSHIP – BY US

(a) We may modify or otherwise restrict your membership immediately on any of the following grounds:

(i) concern for your health and / or your safety; or

(ii) failure to comply with the terms of this agreement.

(b) We may terminate your membership immediately on the occurrence of any of the following events:

(i) you fail to pay your membership fees; or

(ii) you fail to follow any of the terms of this agreement.

(c) In the event that your membership is terminated in accordance with clause 11(b), the termination will be effective on the date that we send written notice. You are liable for all of your obligations under this agreement up until that date.

(d) Upon termination of your membership by us, you will cease to have access to the benefits under your membership and we have the discretion to deny you access to any of our facilities and services. Any money owing to us when your membership ends remains immediately due and payable.

(e) Termination or expiration of this agreement will not prejudice any accrued rights or remedies available to each party.

(f) If we terminate your membership under this clause then you will forfeit all membership fees paid, irrespective of whether those fees relate (in whole or in part) to a period after the termination date.

12. TERMINATION OF YOUR MEMBERSHIP – BY YOU

(a) You may not terminate your membership within the first three months. If you wish to terminate your membership within this timeframe, you must pay us the equivalent of three months of membership fees.

(b) After this initial three month period, you may terminate your membership at any time by providing two weeks notice by emailing admin@fitness4me.net.au. In which case we will continue to provide all services to you that you have paid for, but we will not request any further payment nor provide you with any additional services.

(c) If you are seeking to terminate your membership because of permanent sickness or due to death/incapacity, we will immediately refund all membership fees which have not yet been used upon the provision of a medical certificate or death certificate. The two weeks of the written notice will not apply in these circumstances.

(d) We do not charge any additional cancellation or exit fees.

13. RISK WARNING

(a) We warn that whilst you are engaging in exercise, you are at risk of suffering physical harm or personal injury.

(b) Some of the injuries which you may suffer include:

(i) soft tissue injuries;

(ii) joint injuries;

(iii) heart attacks;

(iv) permanent disability; or

(v) death.

(i) slipping on wet surfaces;

(ii) being struck by weights or equipment;

(iii) falling over onto rough outdoor surfaces;

iv) inappropriate use of equipment; or

(v) inappropriate performance of exercises.

(d) You acknowledge that there are some significant and inherent risks involved, and you accept that you are participating entirely voluntarily and at your own risk.

(e) You acknowledge and agree that the injuries and potential causes listed above are examples only (and therefore are not exhaustive).

14. ASSIGNMENT

(a) We may assign our rights under this agreement at any time without your prior consent.

(b) You may not assign your membership or any of your rights or benefits under this agreement unless we provide our prior written consent (which may be withheld in our absolute discretion).

15. PRE-EXERCISE QUESTIONNAIRE

(a) It is a condition of membership that you, prior to engaging in exercise as supervised by us, complete the pre-exercise questionnaire.

(b) The pre-exercise questionnaire is an important document, and as such you will not be permitted by us to engage in any exercise or receive any of our services connected with this agreement until you have completed the pre-exercise questionnaire.

(c) We reserve the right to restrict, suspend or terminate your membership if we are of the reasonable opinion that you are unfit to utilise the equipment or engage in the exercise contemplated by this agreement. If your membership is restricted or suspended, for this reason, your membership will not be reinstated until you provide us with a medical certificate confirming that you are fit to train or otherwise receive our services.

16. MINORS

(a) For persons aged under 18, the following conditions will apply to their membership:

(i) minors must strictly comply with the restrictions nominated in the ‘Other

Comments’ section of this agreement (see clause 1); and

(ii) this agreement must be co-signed by the child and their parent/guardian.

(b) By co-signing this agreement, the parent/guardian:

(i) warrants that the nominated child is physically ready for the exercise contemplated by this agreement;

(ii) hereby provides consent to the nominated child engaging in exercise as contemplated by this agreement;

(iii) acknowledges and agrees that the terms of this agreement (and any breach thereof by the nominated child) will be enforceable against the parent/guardian as well as against the nominated child; and

(iv) warrants that the terms of this agreement will be strictly obeyed by the nominated child.

PART 2: CODE OF CONDUCT

1. These rules exist to protect yourself, the equipment other members and our staff.

2. You must take appropriate precautions when exercising in outdoor areas.

3. You must ensure that you sign in and sign out appropriately using our sign in software.

4. All members are to bring a towel, suitable attire and footwear.

5. A drink bottle is an absolute necessity. Hydration is critical, so please ensure that you have enough water.

6. Please ensure that you have any medical or other aids required (asthma puffers, glasses, sunscreen etc.)

7. All members are to have completed the pre-exercise questionnaire before commencing the sessions, without withholding any information that could affect their health or exercise plan.

8. You must replace weights after using them.

9. Heavy weights are to be handled with absolute care.

10. You are responsible for ensuring that you use our facilities and equipment in a safe manner. If you are not sure how to use any item of equipment, you must seek guidance from our staff.

11. All members are expected to act in an appropriate, respectful and courteous manner when interacting with other members, guests and staff.

12. Any spillage of liquid is to be attended to and dried immediately.

13. Non-members are not to be allowed to access the premises.

14. As a courtesy to other members, you must not use a camera (whether on your mobile phone or otherwise) on our premises without written permission.

15. Any malfunctioning or faulty equipment must be notified to us without delay.

Fitness4Me

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