1. Prices and any fees and charges stated in this Agreement are inclusive of GST unless stated otherwise. The Schedule is attached and is updated from time to time. You are responsible for reviewing the updates and changes to the Schedule, accessible at the Club at all times.

2. You acknowledge and agree that:

a) The Membership Fee will be debited from the bank account/credit card nominated and hereby authorised by you. You agree to complete and sign all documents necessary to ensure that these payments can be made by direct debit and to keep us updated on any changes to your accounts and credit cards to ensure debits are cleared. Pre-paid memberships of 3, 6 and 12 months are to be paid in full prior to the commencement of membership.

b) The length of the Initial Term has been discussed with you and you agree that the consistent direct debits are payable in advance until the Initial Term Expiry Date (as set out above) and during any Continuing Membership Period even if you do not use the Club,

c) It is your responsibility to ensure sufficient funds are in the nominated account when the direct debit membership payments are to be drawn and if a debit is unsuccessful you will be responsible for any administration fees and/or collection fees and charges we notify you of. We may, in our absolute discretion, debit up to a maximum of three standard monthly debit amounts without notice at any time should the prior debits be unsuccessfully processed

d) If the authorised bank account/credit card is cancelled/closed or a payment amount disputed, charges as described in the Schedule will apply and any overdue payments will immediately become due and payable.

e) Membership Fees are payable whether or not you have utilised the Club’s facilities.

f) The Membership Fees are non-refundable except in the circumstances described in the Schedule.

g) Our direct debit provider charges a processing fee as set out in the Schedule and this is in addition to any Membership or other fees and charges.

3. Privacy: The personal information that we collect from you (including your name, address, date of birth, driver’s licence number and other information about you or your emergency contact person) has been collected for the primary purpose of facilitating the provision of our services to you and your use of the Club. You agree that we may also disclose your personal information to our professional advisers, financial institutions, debt collection or legal service providers, third parties providing benefits to the Club members and financiers or government authorities or organisations as required or authorised by law. The information will be stored on a network database and may also be used for our internal administrative purposes, debt collection purposes or to communicate promotional offers and membership benefits, changes to the terms of the Agreement or the fees and charges, any matters related to your membership, newsletters and special events to you. You may request access to your personal information by contacting us during normal business hours or by emailing admin@genisysgym.com.au. If you do not provide all or part of the personal information requested it may not be possible for us to make our services available to you.

4. Rules: You acknowledge you have received, read, understood and agree to abide by all membership rules, guidelines and regulations of this Club as set out in the Agreement or as otherwise made known to you (including by way of signage or other means).

5. Payments: Except in the event of cancellation / termination with notice and as provided in this Agreement, you will be responsible for all payments deemed due and owing from you to us in accordance with this Agreement, even if you do not use our facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability when we are so notified in writing. If the Club’s facilities become temporarily unavailable due to an event adversely affecting the Club such as a fire, flood, loss of lease, or any other reason, we will extend your membership privileges for the period the facilities were unavailable to you.

6. Security: The Club premises are under Closed Circuit TV video camera surveillance. Whether you are working out, entering/leaving the building/restrooms, your activities are recorded. This system is used for security purposes. The surveillance system does not protect you from harm in or on the building premises. You must use caution when entering or leaving the building. There is no surveillance operating in the actual restrooms or showers.

7. Member Assumption of Risk and Release: You understand and accept that your access, egress, and any activities connected to your use of the Club or any equipment at the Club may pose a risk of harm, permanent or other injury, including death to you or others,. You knowingly and freely assume all such and related risks, both known and unknown. You hereby release, indemnify, and hold harmless us and our related entities and bodies corporate and all respective owners, directors, officers, servants, affiliates, agents contractors, practitioners, consultants, guests, members, employees, instructors, presenters, other participants, promoters, sponsoring agencies, sponsors, advertisers and, if applicable, owners and lessors of the Club premises, and any other third party (Releasees) with respect to any and all injury, disability, death, loss, cost, damage or expense howsoever suffered or incurred to any person or property, whether arising from the negligence of the Releasees or otherwise, that may arise out of or in connection with your use of the equipment or the facilities of the Club or any incident that occurs while using the Club’s facilities or engaging in Club activities on or off the premises or otherwise related to your Club membership. You expressly agree that this release is intended to be as broad and inclusive as permitted by the laws of the state in which the Club is located and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to your heirs, guardians and assigns and in the case of a family membership, to any minor included in your membership and on whose behalf you hereby sign as parent/guardian. You understand that the Club is relying on all your acknowledgments, this release and indemnity in agreeing to enter into this Agreement.

8. Minors: Any minor’s (a person under the age of 18 years) use of and access to the Club may only occur with the supervision of a responsible adult. A minor may only become a Member with the prior written consent of a parent or legal guardian of the minor. As parent and/or legal guardian of a minor), you hereby enter in to this Agreement and agree to be fully responsible for any and all actions, omissions, damages, injuries, or loss to property or person, performed, caused, contributed to by the minor with or without your supervision in or about the Club. You further agree that any breach of the Club’s policies on the minor’s part may constitute loss of the minor’s and/or your membership privileges including refused access to the Club.

9. Warranty: You warrant that all information that you have provided to us is accurate and true. You further warrant and represent that you do not have any medical or mental condition or disability; or disease, which could become worse during exercise or result in damage to your health if you exercise or engage in any physical activity at the Club.

10. Australian Consumer Law, Exclusions and Limitations: You have certain rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law in connection with the goods and services that we supply to you. The only conditions, warranties or guarantees which are binding on us in respect of the services or any goods or advice supplied by us, our employees, servants or agents to you are those imposed or required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)) and those (if any) expressly set out in this Agreement. To the extent permitted by law, all other conditions, warranties and guarantees are expressly excluded.

11. Your rights to Suspend, Terminate / Cancel: Some Membership arrangements can be suspended or terminated / cancelled. The Schedule which forms part of the Agreement outlines how and when this may happen, if at all, depending on the type of Membership you have in place with us. Where termination on the monthly debit plan is permitted, the final debit date will be a pro rata charged amount which takes into consideration the advised termination date, the 30 day notice period, any Membership Fees paid in advance as well as Membership Fees payable up until, the last day of access and your Membership. All pre-paid Memberships expire at the end of the Initial Term. No cancellation periods apply to prepaid Memberships and no refunds are payable if the term is not fulfilled, except where specific circumstances preclude the Member continuing and is at the discretion of the Club.

12. Late Fees: You agree to pay all fees and charges as described in the Schedule if any of your due payments is received past the due date and/or any fee associated with returned payments or non-payment of dues. Should you default, you agree to pay all collection costs including agency fees or administration charges, court or arbitration costs and reasonable attorney fees, which may be paid or incurred by the Club. You agree that the Club or a third party, and their agents and assigns may send communications to you including late payment notifications and other related correspondence. Any processing of payments in arrears over 10 days will incur additional fees as set out in the Schedule.

13. Assignment and Amendments: You have no right to assign or otherwise transfer your rights under this Agreement to any other person. Any amendments to the terms of this Agreement but be agreed in writing by you and us, except those relating to fees and charges, and use of the Club, where we will notify you in advance of changes by way of notices and revisions accessible at the Club.

14. Ongoing Agreement: This is an ongoing Membership Agreement. The Agreement will continue until either you or we terminate it in the way described in the Agreement. If an automatic debit arrangement is in place, membership 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 the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to us for damages for breach of contract and any applicable fees and charges applied under the Schedule, which you agree to pay on demand, or hereby authorise us to debit from your nominated account or credit card.

15. Notices

 You must not bring in guests at any time without the prior written consent of the Club’s staff. If this policy is violated, at our sole discretion, you may be charged a guest fee and/or have your Membership suspended or cancelled. If your Membership is cancelled pursuant to this clause then we may charge you a cancellation fee and a Membership terms breach fee, as set out in the Schedule and you agree we will direct debit this fee from your nominated account or credit card.

 You must not allow anyone else to use your access card and must alert the Club immediately if it is lost or stolen. Violating this policy carries the same consequences as violating the guest policy above and a security violation fee will be applied.

 If you do not have your access card you will not be allowed into the Club unless you provide legitimate and acceptable photo proof of identity to the Club staff, and provided your Membership is current.

 Personal training services provided in the Club may be provided either by employees or by independent contractors operating their own business.

 You have access to a free initial orientation to the Club and the proper use of its equipment.

 It is your responsibility to wipe down the equipment and replace the weights you use.

 You must follow all safety instructions and use the safety features of all equipment. If you are unsure of how to use any equipment, you should obtain instructions from the staff or personal trainers.

 Horseplay, vulgar language, abuse of the equipment, working out while intoxicated, or other inappropriate behaviour will not be tolerated and may result in the suspension or cancellation of your Membership, and the application of fees and charges as set out in the Schedule.

 Photography and/or videography are not allowed anywhere in the Club unless they are taken with the consent of persons being photographed or videotaped, and with our prior consent. The use of camera’s and mobile phones are strictly not permitted in change rooms under any circumstances. While we respect your use of social media, please respect the privacy of all other patrons and staff.

 Age Requirements - Persons under the age of 18 years are not permitted in the Club unless supervised by an adult.

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