Terms and Conditions STRATHFIELD

GOLD’S GYM MEMBERSHIP AGREEMENT (v1.01)

This contract is subject to Australian Law governed by the state of New South Wales. Australian courts have jurisdiction over any contract disputes.

If a court decides that any section of this contract is invalid or unenforceable, that section will be deleted from the contract. The other sections will remain valid and enforceable.

The member is entitled to entry to Gold’s Gym Strathfield (“The GYM”) to use all services and facilities of the Gym (excluding Personal Training, Dancekool, Zumba, Studio 1 classes, and Special Events and functions) during the term subject to the provisions of this agreement and club rules.Notwithstanding, the Gym reserves the right to refuse entry and/or continuity of membership at its discretion at any time.

Membership is personal to the member and is not transferable unless the Gym will permit the transfer of membership. This is possible where the remaining term is at least 6 months and a transfer fee of $100 is paid. The transferee must agree and sign a membership agreement for the remaining term of contract.

Membership fees are non-refundable.

Upon expiration of membership term, this agreement will continue on a month-to-month basis and may be cancelled by the member at any time, in writing, with a minimum notice of 30 days.

I understand payments rejected for any reason will incur a rejection fee (up to $35 per rejection) and club access may be suspended during the time that membership fees are outstanding. Recovery costs may also be charged and you authorise Gold’s Gym Strathfield PTY LTD to do so.

We will continue to debit your nominated account or credit card without notice, until we have received the total amount owing (including rejection and recovery costs).

If you owe us money for any other services, such as personal training, we may automatically deduct late fees from your nominated account and you authorise us to do this. If we debit an account without your authority, we will refund the amounts we have debited.

We will debit your credit card or bank account within 72 hours of signing this contract and will debit fees every anniversary fortnight thereafter.Some direct debits may take up to 5 days to be taken from your nominated bank account.

All terms of this agreement are binding. If you believe you have received any information or additional terms to this agreement, not covered by this agreement, the terms of this agreement will apply unless written confirmation of changes to this agreement are provided by a Gold’s Gym Strathfield PTY LTD employee.

Should we not enforce our contract rights at any time, it does not mean that we are waiving those rights no matter how long we wait.

Members must be 14 years or older to become a member unless medical clearance is provided.

Members under the age of 16 must be supervised by a responsible adult when using our facilities and should not participate in weight-based group exercises or resistance training activities.

We can assign or transfer the benefit of your contract to a person, firm or company at any time, without giving you notice. We can also sub-contract our obligations to someone else without notice.

We reserve the right to change the terms of the contract from time-to-time including but not limited to, club rules, membership conditions, operating hours, facilities, services and various fees. In the event of changes to any of these conditions, we will notify you of such changes by one or some of the following:

- Publishing them in our newsletter

- Posting a notice in the club

- Writing to you by email or mail, or,

- Contacting you by phone

We can correct a miscalculation during the first 5 days after the contract is signed.

If we suspend the clubs operations for a period longer than 7 days, we will freeze your membership for any time exceeding this period.

Cash payments for membership must be for the full length of this contract period.

We reserve the right to increase your membership fees at any time after the term of this contract has ended. Reasonable effort will be made to notify you of any fee increases by writing (email or mail) at least 30 days before the fee increase will come into effect. Unless we receive notification in writing, you authorise us to increase debits from your nominated account or credit card in line with this increase.

All fees quoted on this agreement are inclusive of GST. Should the GST rate change during the course of this contract; your fees will change in line with government GST rate changes even if you are within your minimum term.

Off-Peak memberships are to be used between the hours of 11am – 4pm daily. If you enter or exit the gym outside these hours, a $6 peak usage fee will be charged to the member.

Membership can be frozen for a total of 12 weeks in 2-week increments. Each freeze period must start and end on a fee payment day. A $10 fee is charged each time you request a time freeze on your membership. Requests for membership freezes must be made in writing.

In the event of financial hardship, memberships may be frozen at the discretion of Gym management for a period no longer than 36 weeks.Supporting documentation may be requested when calculating time freeze period and a $10 fee will be charged at the commencement of this freeze.

Membership can also be frozen for medical and travel reasons. The maximum length of time for a time freeze in these circumstances is 36 weeks.Supporting documentation from a healthcare professional or travel itinerary will be required for time freezes in these circumstances. This will incur a fee of $10.

A member may only request this contract to be cancelled within the minimum term if:

- You become sick or incapacitated and cannot exercise for a period of 12 months or the remainder of this contract (whichever is longer)

- You relocate to an area 30 kilometres or further from this club

- You become bankrupt, enter into a scheme of arrangement with creditors or commit an act of insolvency

A cancellation fee will apply if you cancel your contract within the minimum term for any of the above reasons. The cancellation fee will depend on the remaining term of your contract and is calculated from the table below:

If you wish to cancel your contract for any other reason, you must pay out the remainder of your contract in full. This is calculated by the number of fortnights remaining in your contract period multiplied by the fortnightly membership fee.

You can cancel your membership if we breach our contract obligations and do not fix the breach of these obligations within a reasonable time-frame after notice is given to us in writing. 30 days notice, in writing, of this cancellation must be received and accepted by the gym before cancellation can be effected. A cancellation fee is not charged in this instance.

Contractors, tenants and franchisees provide some of the services in our clubs. Some of these services may include, Café, Personal Training, Group Fitness and Physiotherapy. Some fees are paid directly to them and we cannot be held responsible for these fees. If you make a claim because of something a contractor, tenant or franchisee has or has not done, your claim must be brought against the provider, not us. You release us from and hold us harmless from any claim resulting from an act or omission by a tenant, contractor or franchisee.

Wherever possible, we will help to resolve any issues with providers. We will also ensure that personal trainers have up-to-date insurances and certifications.

MEMBERS OBLIGATIONS

- Appropriate identification and a valid membership card are required to gain access to the gym and its facilities.

- You cannot lend your card under any circumstances or allow anybody else to use it. If you lose your card a $15 replacement fee will be charged.

- Notification of any details that affect your membership including postal and email address changes, contact numbers and account or credit card details must be given to us at the earliest time possible.

- You guarantee, that to the best of your knowledge, there is no risk to your health from doing any club fitness exercises or participating in any activity within the Gym. You promise that you are in good physical condition.

- You will not use the club facilities when you are suffering from: an infection, a contagious illness or a physical ailment that may prevent you from exercising safely or that may put any of our members at risk.

- You are responsible for using the gym equipment in the manner for which it is intended. If you are unsure how to use a piece of equipment, seek the advice of a staff member.

- You are responsible for any damages caused by yourself or your guests through a wilful act of negligence.

- You must follow club rules at all times.

- You must comply with reasonable requests and directions of members of staff of the gym.

- Use a towel whenever you make use of the Gym’s services and facilities.

- Replace all equipment in its correct position after use in a clean and hygienic condition.

- You must not smoke in or around the Gym.

DISCLAIMER OF LIABILITY

The member acknowledges that the Gym operates closed circuit video system cameras for the safety of members and their guests. By signing this Agreement, the member acknowledges and agrees that video surveillance is in the best interest of the staff, members and guests of the gym.

The member acknowledges that limited lockers are provided for daily use by the members on a first come, first served basis. Members should not store valuables in lockers. The Gym will not be liable for loss of, damage to, member’s personal property and belongings brought on the premises.

The member acknowledges that using gym facilities and services including participation in aerobic and other classes is potentially a dangerous activity and the members uses such facilities and services and participates in activities of the Gym at his/her own risk.

It is a condition of membership that the Gym (including its directors, employees, instructors and agents) shall not be liable for any injury that may occur whilst the member makes use of the Gym’s facilities and services or for any loss or damage to property howsoever arising as a consequence of membership of the Gym or use of its facilities and services including loss or damage arising as a consequence of the act or omission or negligence of the gym and its employees and agents.

The member indemnifies the Gym against any claim that may be made by the member or the member on behalf of a minor (including where the minor is a member) or administrator or executor of a member or any other person that may bring onto the premises of the Gym whether to use the facilities and services of the Gym or otherwise. All such persons use the Gym services and facilities in all respects at their own risk.

ENTIRE AGREEMENT

This agreement and the Clubs Rules and regulations in place from time to time form the entire agreement between parties.

By signing this agreement, you agree to abide by all rules and conditions and that you understand this agreement in its entirety.