MEMBERSHIP TERMS AND CONDITIONS

MEMBER INDUCTION:

To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our staff before use. I understand that an initial introduction to the club facilities is a requirement prior to using club facilities and it is my responsibility to ensure this takes place before I use the equipment . MEMBER’S RIGHT TO CANCEL. I may cancel my membership without penalty by delivering or mailing written notice to my HOME CLUB before midnight of the second business day after I signed this agreement. The Club will return any payments I made within 10 days of receiving my cancellation. Al l refunds will be by credit card or direct deposit into nominated account- there are no cash refunds. After the member’s right to cancel period noted above, I may cancel my month by month membership with 30 days notice in writing to my home club. I must pay as stated above even if I do not use the club after providing my notice of cancellation. If I have a prepaid membership I will not be entitled to any refund whatsoever, I must ensure I give notice of cancellation in the 11th month of the membership term to ensure the contract is not rolled over into the proceeding year. If collection or legal services are needed to collect the unpaid amount, I am responsible for all costs of collection, including solicitor’s fees of Club Owner and/or True Fitness Australia. Memberships are NOT transferable or assignable to another individual MONTH-TO-MONTH MEMBERSHIP. This agreement is a legally binding obligation for which I am financially responsible. I agree if I fail to pay when a payment is due that I must immediately pay the entire amount owing. This is an ongoing membership agreement and only ceases when either myself or True Fitness exercise their right to cancel the membership. MEMBERSHIP FREEZE. I have the right to freeze my membership for up to three months annually, during which time I will be charged $5 per fortnight instead of my standard membership fees. I understand that If I elect to freeze my membership I cannot cancel my membership during the “freeze” period. TERMINATION FOR CAUSE BY CLUB OWNER. Club Owner may, at its discretion, terminate my membership if (1) I fail to make payments or any payments are late, (2) the monthly EFT payments or membership fees are interrupted or discontinued for any reason and I or my cosigner do not provide an acceptable alternative, (3) I fail to follow any membership policies or club rules or violate any part of this agreement, or (4) my conduct is improper and harmful to the best interest of the club or its members or (5) I fail to provide doctor’s approval for exercising if so requested. Termination is effective on the date a written notice or email is sent to my last known address/email address. I am liable for all financial obligations until that date. Club Owner also reserves the right to terminate my membership for any reason not stated above and if not prohibited by law. If my membership is terminated, I will receive a termination notice and forego any unused prepaid membership fees. PHYSICAL CONDITION AND NO MEDICAL ADVICE. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of the Club facilities. I acknowledge that I have been informed that the Club offers a consultation which includes a brief interview regarding my medical history. I understand and acknowledge that Club owner and True Fitness Australia will not and cannot provide me any medical advice. If I have any health or medical concerns now or after I join the Club, I will discuss them with my doctor before using Club facilities. DAMAGED, LOST OR STOLEN PROPERTY. You are solely responsible for any damage which you may cause to the Fitness Business, its facilities, services, products, or equipment, if such damage is caused by your willful act and/or negligence. I understand that Club Owner and True Fitness Inc. are not responsible for any of my personal property that is damaged, lost or stolen on or around the Club Location or any other “True Fitness” location. GUESTS. I may bring a guest during staffed hours and only after arranging for a pass with club staff. I will be immediately charged a $150.00 per visit fee for any unauthorized guest I allow into ANY True Fitness club, and I agree to pay this fee. Guests must sign the Guest Waiver before using the Club Location. I understand the club reserves the right to charge a fee to guests who are not local residents or who visit repeatedly without joining. I will not allow any non-member to use my membership access card, and I understand that if I do, the card may be deactivated and a fee will be charged to activate the card. I am liable for all damage I, my family members or guests cause to the equipment or physical infrastructure of the Club and will reimburse the Club via payment method used to pay my membership fees. USE OF OTHER TRUE FITNESS CLUBS. I understand that my membership to the Club allows me access to all other “True Fitness” locations free of charge. My use of all “True Fitness” locations is subject to the terms of this Agreement and I have the same obligations to any “True Fitness” location as I have to the Club and Club Owner. I understand that if I use another “True Fitness” location more than the Club, my membership may be transferred to that location according to the then-current membership transfer policy. If my membership is transferred, I will be charge the current membership price of the “True Fitness” location I use most often and I may be required to enter into a new membership agreement. TRANSFER OF MEMBERSHIP TO ASSOCIATED FITNESS CENTRE. True Fitness reserve the right to transfer membership agreements to an affiliated club within a reasonable distance from the point of sign up. True Fitness will provide written notice at least 28 days before any transfer occurs. If I am not happy with the tra nsfer of membership location I must provide written notice to True Fitness within 14 days of receiving notification of the change. ASSUMPTION OF RISK AND OF INJURY AND WAIVER OF CLAIMS. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near the Club Location or any other “True Fitness” location. In the event I am injured while on a “True Fitness” property or during a True Fitness/sponsored event, I will hold harmless Club Owner, True Fitness Australia and all of their owners, employees, agents, successors and assigns from all claims to any sort for damages or for other relief, including but not limited to claims for contribution. I understand and agree that the Club Location and all True Fitness locations are unsupervised fitness centers and no employee is on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Club Owner or True Fitness and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns. DISCLOSURE OF YOUR PHYISCAL CONDITION. Provision of a safe and effective exercise program is dependent upon accurate health and fitness profiling. You agree to disclose to us all relevant personal health and fitness information both prior to and during engagement in any exercise program, service or facility we provide to you, as a part of your membership. This is inclusive of any health risk assessment, initial and periodic fitness assessment and relevant information or recommendations provided by your medical or allied health practitioner/s. You further warrant and represent that you will not use the Fitness Business or any of our facilities, services or products whilst you are suffering from any infect ions or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests. FAMILY MEMBERSHIP INDEMNIFICATION If “Family” is the membership plan checked on the first page of this agreement, I agree that if the other family members cancel their membership, I am liable to have an increase in membership dues to the then current price of individual members. MINIMUM AGE: All membership holders of True Fitness must be a minimum of 14 years of age. All minors under the age of 18 must have a parent or guardian co-sign the membership agreement and acknowledgement of indemnity waiver. Minors aged between 14-16 must comply with the following restrictions: (1)Access during staffed hours only- no access card will be issued (2) A member induction form is to be completed by parent or guardian and the Minor COOLING OFF PERIOD: The cooling off period starts from the date of signing this agreement The cooling off period ends 48 hours after the cooling off period starts. PERSONAL E-MAIL ADDRESS. I must provide my personal e-mail address in order to activate my free Personal Web Page; I will also receive occasional e-mails from True Fitness updating me on my membership benefits. However, I will always have the option to opt-out from receiving these updates by replying and requesting to be unsubscribed. DDR Service Agreement I/We herby authorize Quick Pay Pty Ltd CAN 096 902 813 (Direct Debit User ID number 165969)(herein referred to as “Quick Pay”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request(herein referred to as “the Business”) I/We acknowledge that Quick Pay is acting as a Direct Debit Agent for the Business and that Quick Pay does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business. I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement. I/We acknowledge that the bank account and/or credit card details have been verified against a recent bank statement to ensure the accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details. I/We acknowledge that it is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honored on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Quick Pay will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution. I/we acknowledge that there may be a delay in processing the debit if:- (1)there is a public or bank holiday on the day of the debit, or any day after the debit date (2) a payment request is received by Quick Pay on a day that is not a banking business day in Victoria; (3) a payment request is received after normal Quick Pay cut off times, being 4:00pm Victorian time, Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day. I/we acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements. I/we acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed by the Business. I/we acknowledge that any disputed debit payments will be directed to the Business and/or Quick Pay. If no resolution is forthcoming, I/We agree to contact my/our financial institution. I/we acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Quick Pay. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee may be incurred by Quick Pay. I/we authorize Quick Pay to attempt to re-process any unsuccessful payments as advised by the Business. I/we acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Quick Pay and subject to my/our agreement with the Business agree to pay those fees and charges to Quick Pay. You appoint Quick Pay as your exclusive agent with regard to the control, management and protection of your personal information (relating to the Business and contained in this DDR Service Agreement). You irrevocably authorize Quick Pay to take all necessary action (which we deem necessary) to protect your personal information including (but not limited to) prohibiting the release to or access by third parties without our consent. You hereby irrevocably authorize, direct and instruct any third party who holds/stores your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Quick Pay on our written request. Credit Card Payments I/we acknowledge that ”Quick Pay” will appear as the merchant for all payments from my/our credit card. I/we acknowledge and agree that Quick Pay will not be liable for any disputed transactions resulting in the non supply of goods and services and that all disputes will be directed to the Business as Quick Pay is acting only as a Direct Debit Agent for the Business. I/we acknowledge and agree that in the event that a claim is made, Quick Pay will not be liable for the refund of funds and agree to reimburse Quick Pay for any successful claims made by the Card Holder through their financial institution against Quick Pay. Quick Pay will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Quick Pay’s Privacy Policy can be found at www.quickpay.com.au . I/we acknowledge that Credit Card Fees are a minimum of the Transaction Fee or Credit Card Fee, whichever is greater on the Direct Debit Request. I/we authorize: a) Quick Pay to verify details of my/our account with my/our financial institution and b) my/our financial institution to release informat ion allowing Quick Pay to verify my/our account details.