TERMS AND CONDITIONS – MACRO GYM

1. Definitions and Interpretation

1.1. Definitions

Access Pass means your membership card allowing you to enter the Gym.

Access Pass Fee means the fee for your access pass, as specified in clause 5.

App means the MINDBODY application.

Australian Consumer Law means the Competition and Consumer Act 2010, Schedule 2.

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

Business Day means a day (other than a Saturday, Sunday, or public holiday) that banks are open for general banking business on the Gold Coast, Queensland.

Direct Debit Membership means a weekly membership, with recurring weekly direct debit payments.

Dishonour Fee means a $15.00 fee.

Group Fitness means the Macro Gym group fitness sessions offered by Macro Gym to Members.

Gym Means the Macro Gym premises.

Gym Rules mean the Gym rules as amended from time to time, which are located at the Gym and outlined at clause 21.

Macro Gym, We, Us, Our means Macro Gym Pty Ltd ACN 640 405 581 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

Member, You, Your means the individual who has entered into these Terms with Macro Gym.

Membership Agreement means the online form provided to you on the App requiring you to provide the relevant details to Macro Gym (e.g. name, address, payment card details) relating to your membership.

Membership Fees means the fees that are due and payable by you pursuant to these Terms and the Membership Agreement.

MINDBODY means MINDBODY Australia Pty Ltd ACN 161 549 006.

Paid In Advance Membership means Members that have paid in advance according to the level of membership as specified in these Terms.

Payment Agreement means the online agreement in the App 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 Agreement.

Payment Provider means the payment provider specified from time to time by MINDBODY, which is currently Ezidebit unless MINDBODY otherwise specifies.

Payment Provider’s Agreement means the Payment’s Provider’s service agreement provided to you by MINDBODY.

Privacy Policy means the Macro Gym privacy policy which is available at http://macrogym.com.au/privacy-policy or by emailing reception@macrogym.com.au.

Sign Up Fee means the fee for signing up depending on the membership type, as specified in these Terms.

Staffed Hours means the hours for the Gym, which are located at the entrance to Macro Gym.

Terms and Conditions or Terms means these terms and conditions, the Membership Agreement, the Gym Rules and our Privacy Policy.

Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.

1.2. Interpretation

In these Terms, unless the context requires otherwise:

(a) a singular word includes the plural and vice versa; (b) a reference to a time is to local time in Queensland, Australia; (c) if any act contemplated by these Terms is to be done on a day that is not a Business Day, then the act must be done on or by the next Business Day;(d) headings are for convenience only and do not affect interpretation; (e) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph or annexure of these Terms; (f) a reference to a Party, includes the Party’s executors, administrators, successors, substitutes and permitted assigns; (g) a reference to dollar or ‘$’ is a reference to Australian dollars; and (h) a reference to a document or agreement, including these Terms, is a reference to that document or agreement as amended, supplemented, varied or replaced.

2. Terms and Conditions

(a) Your membership is governed by these Terms.(b) These Terms and Conditions (Terms) incorporate this document, the Membership Agreement, the Gym Rules and our Privacy Policy.(c) Accepting these Terms does not automatically entitle you to a membership as your application may be subject to further review by Macro Gym.(d) We reserve the right to amend these Terms.(e) We hold, so far as a provision of these Terms is for the benefit of a third-party, that provision on trust for the relevant third-party.(f) As a member, you can use our Gym in line with these Terms, including the Gym Code.

3. Membership

3.1. Types of Membership

(a) Membership Access Types

Gym Only - Includes access the gym only (does not include classes).Gym and Group Fitness Classes - Include access to the gym and classes.

(b) Membership Commitment Type

Membership Minimum Rolling Expiry Payment in Payment Sign up

Type Term contract date full upfront Fee

12 Month Lock 12 months Y Ongoing Option $25/week N

in Contract

(open gym

only)

12 Month Lock 12 months Y Ongoing Option $35/week N

in Contract

(open gym and

Group Fitness)

Weekly No 2 weeks Y Ongoing No $35 $35

Lock in

Contract (open

gym only)

Weekly No 2 weeks Y Ongoing No $40 $40
Lock in

Contract (open

gym and

Group Fitness)

Casual Gym N N Same Day Yes $20 N

access for

Group Fitness

or open gym

10 Class N N After 90 days Yes $150 N

Group Fitness

Pass

10 Open Gym N N After 90 days Yes $150 N

Visits

3.2. Free trials

(a) We offer 1 free trial per person for both our Group Fitness sessions and our open Gym.

(b) Free trial Members will be considered Members, and will be obliged to sign our waiver and consent to these Terms and Conditions.

3.3. Nature of Membership

Your membership permits you to use Macro Gym’s; premises, facilities, equipment and services and/or participate in the Group Fitness sessions as shown and limited by the type of membership you have subscribed for.

3.4. Changes to your Details You must provide Macro Gym with any changes to your details, which are relevant to your membership in writing.

3.5. Membership Freeze

(a) You can freeze your membership from 2 or more weeks, up to a maximum of 6weeks in each calendar year providing your account is up to date, with no outstanding payments

(b) If you do not apply your time freeze on the set direct debit date, a prorata will be applied towards your next weekly direct debit for those days from which the time freeze applies until the next direct debit date.

c) Your membership will automatically resume from the specified end date.

(d) Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract.

3.7. Membership Transfers

Membership transfers will be considered on a case by case basis, at the sole discretion of the General Manager of Macro Gym.

4. Payments

4.1. Paying for Membership Fees

(a) You agree to pay all Membership Fees as set out in these Terms and agree to be bound by the direct debit terms and conditions as described in the Payment Provider’s Agreement.

(b) For all memberships you must make payment of the Membership Fees and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if Paid In Advance by way of credit, or EFTPOS).

(c) You must complete the Payment Agreement authorising Macro Gym’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

4.2. Paying for Direct Debit Memberships

For a Direct Debit Membership you must make your payments on a weekly basis in advance.

4.3. Meeting your responsibilities

You must make sure:

(a) your account can accept direct debits (your financial institution can confirm this); (b) there is enough money in your account on the payment day and the next 5 days; (c) you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit; and

(d) you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit, Please tell us and your financial institution if you want to change or stop your direct debits.

4.4. Querying a payment

If you query a payment, we will do our best to respond within 7 days. If you are not happy with our response, you may contact your financial institution. It will handle your query in line with its own policy.

4.5. Paying for Paid in Advance Memberships

For a Paid In Advance Membership, you must pay your membership in advance according to your level of Paid In Advance Membership as indicated by Macro Gym to you.

4.6. Overdue Payments

(a) Macro Gym will endeavour to contact you by phone, SMS or email to inform you of any overdue payments. In the event that Macro Gym cannot contact you, we will provide you with Written Notice of overdue payments.

(b) A Member will be charged a Dishonour Fee in the event that a weekly direct debit payment is dishonoured by their financial institution. Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(c) If there are repeated failures to meet your payment obligations (other than through the fault of Macro Gym or its Payment Provider), without prejudicing our rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

5. Lost Access Passes

You will be charged a $9.95 Access Pass Fee if your Access Pass is damaged or lost and requires replacement.

6. Payment Providers

(a) You acknowledge and agree that we may change our Payment Provider and that we and/ or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider.

(b) 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 Macro Gym 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 these Terms and our Privacy Policy.

7. Changes to membership fees

We reserve the right, at any time, to change the Membership Fees charged to Members for use of the Gym facilities. We agree to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30 day period, you authorise us and/or the Payment Provider to debit the new amount to your account.

8. Minimum Age Requirements

(a) All Members of Macro Gym must be a minimum of 18 years of age.

(b) You must be a minimum of 18 years of age to participate in Group Fitness.

9. Staffed Access

(a) Members are able to use the gym 24/7 and must scan their fob before every visit

(b) Staffed Hours may vary from time to time.

10. Access by Non-Members

(a) We only grant Members, unless otherwise specified in these Terms, access to the Gym. No Member is permitted to bring a non-Member into the Gym.

(b) If a Member breaches clause 10(a) of these Terms, the Member acknowledges that they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Macro Gym.

c) Non-members may be granted access during staffed hours on completion of the relevant forms and approval of staff.

11. Group fitness

(a) We reserve the right to decrease the number of Group Fitness sessions at any time without notice.

(b) You must book your Group Fitness session in advance through the App.

12. Orientation

(a) It is a condition of these Terms that you participate in a scheduled Member orientation program.

(b) The orientation focuses on various aspects of the Gym including, but not limited to, Gym layout, amenities and entry and exit areas.

(c) Macro Gym may suspend or terminate these Terms in the event of unsatisfactory completion of the Gym orientation prior to the commencement of exercise.

(d) You acknowledge that Macro Gym did not give you any medical advice before you used the equipment or participated in Group Fitness sessions, and cannot give you any medical advice after you use the equipment.

13. Physical Condition

(a) It is your responsibility not to use any equipment or to participate in Group Fitness sessions if they may adversely affect any medical condition.

(b) You hereby represent to your Gym and Macro Gym and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the Gym or its facilities.

(c) If you have any health or medical concerns now or after you join as a Member of the Gym, you must discuss them with your doctor before using the equipment or the Gym. (d) You acknowledge that Macro Gym did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

14. Pre-Workout Questionnaire

(a) It is a condition of membership with Macro Gym that each Member, prior to using the Gym, has completed the Pre-Workout Questionnaire.

(b) You will not be permitted to use the Gym until you have completed the Pre-Workout 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 Gym. 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.

15. Video and Audio Surveillance

(a) For security purposes, we use video and audio surveillance equipment to monitor the Gym on a 24 hour basis.

(b) By accepting these Terms you acknowledge that by accessing our Gym you will be subject to video and audio surveillance and recording.

(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

16. Equipment

(a) You understand and acknowledge that we purchase our equipment from a third party and therefore do not manufacture any of the fitness or other equipment used in the Gym.

(b) You understand and acknowledge that we are providing recreational services and may not be held liable for defective products or equipment.

17. Liability for Property

(a) We are not liable to you for any personal property that is damaged, lost, or stolen while on or around the Gym including, but not limited to, a vehicle or its contents or any property left in a locker.

(b) If you cause damage to the Gym or any equipment you are liable to us for its cost of repair or replacement.

18. Release and Indemnity

(a) We may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting these Terms. Even if you accept these Terms, you may still have further legal rights against Macro Gym.

(b) You use the facilities provided by Macro Gym at the Gym at your own risk and acknowledge that the use of the Gym may involve risk of injury, whether caused by you or another party. By accepting these Terms you agree that we will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Gym premises by you, or for any death, personal injury or illness on Gym premises, or from using our facilities or equipment.

19. Cooling Off Period

(a) All new memberships are subject to a cooling off period of 48 hours.

(b) A request for termination of membership during the cooling off period must be made by Written Notice unless these Terms is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral. (c) For any membership terminated validly during the cooling off period, we will refund to you the total of all Membership Fees.

20. Your Right to Terminate Your Membership

20.1. Cancelling your membership

You can cancel your membership by speaking to the team at reception or calling us, you can find our contact details on our website at http://macrogym.com.au/contact.

20.2. Confirming your cancellation request

When you do this, please always:

(a) give us your email address so we can confirm your request in writing;

(b) keep a copy of your request; and

20.3. Cancelling after the minimum term expires

Once the minimum term of your membership expires, you or we may cancel your membership. When you cancel, you must pay us any fees you owe or we may take action to recover them.

20.4. Giving us notice

(a) You must give us 14 days' notice to cancel, unless you are cancelling for medical reasons (with supporting evidence). We count this period from the date of your request, this means your final debit may be a pro rata amount. To ensure your direct debit does not continue past your minimum term, you must give us 14 days' notice within this term.

(b) You cannot freeze your membership payments during the notice period.

20.5. Cancelling without paying out your agreement

You can cancel your membership if time freeze is not suitable during the minimum term if:

(a) you are sick or incapacitated, in which case you must show us a certificate from a qualified medical practitioner stating that you cannot exercise for the rest of your term; or

(b) you are bankrupt (you must show us supporting documents), we will not charge you an exit fee in these cases.

20.6. Cancelling for other reasons

If you wish to cancel for any other reason and have more than 28 days left in your minimum term, you can pay out your Membership Agreement. We calculate the amount you must pay by:

(a) multiplying your weekly fee by the number of weeks left in your minimum term; and (b) deducting 10% from the total.