FACILITY TERMS & CONDITIONS

Welcome to Leisure Management Services Pty Ltd ABN [25 069 169 482] trading as ‘BFit Express Fitness Centre’ (“BFit Centre”). As a condition to membership at BFit Centre, you are agreeing to these Facility Terms & Conditions, and continue to abide by them each time you utilise the facilities at BFit Centre. To ensure that we are able to provide a safe and comfortable environment for all members and staff, you and all other members of BFit Centre must comply with these Facility Terms & Conditions. If you are unable, and/or unwilling to comply with these Facility Terms & Conditions, please notify us immediately and we will take all appropriate actions to terminate your membership and/or deny you access and membership to the BFit Centre. By signing/agreeing to these Facility Terms & Conditions, you acknowledge that you understand and agree to abide by these Facility Terms & Conditions, which shall be legally binding, form a legal contract between you and BFit Centre, and govern the relationship between you and BFit Centre

1. INTRODUCTION

Once you sign/agree to these Facility Terms & Conditions you will be given a copy of the same, as well as a copy of the rules of membership and facility for the BFit Centre. You also acknowledge and agree that:

a. you are medically sound and fit to undertake a normal course of exercise,

b. You have provided BFit Centre with accurate information regarding your general health and any medical history that would impact on your ability to participate in exercise at the BFit Centre when you use the Centre facilities c. You are using the BFit Centre facilities at your sole risk and responsibility and you are aware that exercise is

physically demanding and participation in some activities may pose a risk to your health.

Under these Facility Terms & Conditions, you grant BFit Centre and LinksPay Pty Ltd ABN [96 134 528 279] (“LinksPay”) a right and authority to directly debit your nominated bank account or credit card for any instalments or fees due under the Facility Terms & Conditions, including any additional terms and conditions required by LinksPay, as well as the Direct Debit (DD)overleaf.

2. DEFINITIONS

In Facility Terms & Conditions, unless a contrary intention appears:

a. A reference to a party includes that party’s legal personal representative heirs and assigns.

b. We, Us, Our, Facility or Centre means the gym or facility as specified in these terms & conditions, or any such Facility that your membership may be transferred to.

c. Minor means members under the age of 18 years.

d. Member means the individual who has entered into these Terms & Conditions; including the parent or guardian of the Member if the Member is under 18 years of age.

e. Membership Fees means the fees that are due and payable by you pursuant to these terms & conditions. f. Access Pass means your membership card or fob allowing you to enter the Facility.

g. Access Pass Fee means the Access Pass Fee specified on the front page of these terms & conditions. h. Agreement means this Membership Agreement made between you and The Facility.

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

j. Facility Access means the initial Start Up Fee and Access Pass Fee as described in these terms & conditions. k. Facility Rules mean the Centre or Facility rules as amended from time to time, which are located at the

facility.

l. Direct Debit (DD) Membership means a weekly membership, with recurring fortnightly direct debit payments.

m. DD Membership Fee means the fortnightly fee payable for the DD Membership plus the payment provider’s transaction fee.

n. Dishonour Fee means a $5.50 fee if insufficient funds are not available in the nominated account or credit card.

o. Pre-Workout Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the facility.

p. Foundation Member means a member that has a Foundation Membership as categorised by these terms & conditions.

q. Start Up Fee means the fees specified on the front page of these terms & conditions.

r. Paid In Advance (PIA) Membership means members that have paid in advance according to the level of PIA membership as indicated on the front page of these terms & conditions.

s. Payment Agreement means the Agreement between you and our Payment Provider, permitting the Payment Provider to provide the direct debit and credit card payment facilities.

t. Payment Provider means the Payment Provider specified from time to time by BFit Centre.

u. Policies means the BFit Centre membership policies as amended from time to time, which are located at your Facility on request.

v. Privacy Policy means the BFit Centre privacy policy which is available on our website www.bfitexpress.com.au

w. Products mean any products that are purchased pursuant to BFit Centre sale of goods terms and conditions. x. Staffed Hours means the hours BFit Centre staff are at the facility, which is located at the entrance to the Facility or at www.bfitexpress.com.au. BFit Centre reserves the right to change the Staffed Hours at any time without notice.

y. Written Notice means notice in writing, given in person, by email or post to the parties last known address or input of data via the BFit Centre Express website.

3. RECEPTION AND ACCESS

All members must present their Access Pass upon entry to the Facility at every visit, scanning so as to register your attendance. Scanning your Access Pass is compulsory for security and insurance requirements. Access Pass replacement cost is $29.95. Upon joining BFit Centre a photo will be taken of you for security reasons relating to the safety of all members. The photograph will not be used for any other purposes and will be stored securely on our database. Entry to the Facility may be refused as a result of unpaid or outstanding membership fees. Please advise us of any changes to your address and / or contact information.

4. TERMS AND CONDITIONS

a. Your membership is governed by these Facility Terms & Conditions.

b. These Facility Terms & Conditions incorporate the terms of the Policies, the Facility Rules, and the Privacy Policy.

c. Signing/agreeing to these Facility Terms & Conditions does not automatically entitle you to membership, as your application may be subject to further review by BFit Centre.

5. GENERAL CONDITIONS OF ENTRY AND EXIT

To assist us in maintaining a safe and comfortable environment for all members and staff, you are legally required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership:

a. Entry will be refused or you may be requested to leave the Facility if:

i. Using abusive or threatening language or behaving in a threatening manner towards members, staff or other patrons.

ii. Yelling and or grunting.

iii. Under the influence of drugs or alcohol.

c. Allowing others to follow you into the facility upon entry.

d. It is compulsory to bring a towel to all workouts and wipe down equipment after use. e. Returning equipment to racks or stands after using.

f. BFit Express Fitness is not responsible for any injury incurred or lost property. g. Attempting to enter the facility outside of designated operating hours.

h. Not exiting the facility after operating hours conclude. Loitering in the facility after operating hours conclude activates security alarm.

i. Items placed in Lost Property will be held for 2 weeks, and then donated to charity.

5.1 Failure to follow Conditions of Entry and Exit may result in a 3 step cancellation policy.

ii. Second Warning with a $150 fine

iii. Third and final warning is a cancelation of membership with no refund.

Where you pose an immediate safety threat to other members and/or staff, your membership may be revoked immediately.

5.2 Dress Code

Fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the Gymnasium. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.

5.3 Towels

Please use a towel when participating in classes and when exercising on the gym equipment to maintain hygiene and safety standards. Towels are available for purchase from reception.

5.4 Use of Equipment

We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from machines and bars when you have finished your set. This rule applies to equipment also used in Group Fitness classes (steps, mats, pump bars, etc).

5.5 Lockers

Lockers are available. Please look after your personal items, BFit Centre employees, or contractors, are not responsible for any loss of personal property. Lockers provided are not security devices please keep all valuables with you while using the Facility. Damage to lockers will incur a $25.00 charge.

5.6 Lost Property

We highly recommend that you use lockers for your belongings. We do not take responsibility for loss or damage of your belongings. Any items of lost clothing will be held for two weeks, and then donated to charity.

6. MEMBERSHIP

a. Membership Entitlements

i. Workout as many times as you wish during operating hours

ii. Use of all exercise equipment located on the gym floor and cardio facilities

iii. Boxing and Functional Training are an additional fee to membership, speak to staff for more details. b. Your membership permits you to use BFit Centre premises, facilities, equipment and services as shown and

limited by the membership identified. Your membership is non-transferable by you. c. Changes to your membership details, must be provide by you in writing to BFit Centre.

e. Membership Transfer – Paid in Advance (PIA) Members who have PIA are unable to transfer their membership to another facility or centre, however the member is able to transfer to a non-member who is accepted as a member of the Facility. A $49.90 transfer fee is payable by the incoming member on transfer of the membership.

f. Foundation Membership Members who duly complete and sign/agree to this Agreement prior to the Facility opening date are defined under the Policies as a Foundation Member. A Foundation Member has the privilege of maintaining the same membership price for the life of these terms & conditions. Termination of Foundation Membership privileges is effective on the date BFit Centre advises the member by written notice. BFit Centre reserves the right to terminate a Foundation Member’s privileges in the event of the following:

i. A PIA membership is not renewed prior to its expiry date; ii. A PIA membership is transferred to non-member; or iii. A PIA membership is cancelled or terminated; or iv. A DD membership is cancelled or terminated; or

v. A DD membership is in arrears; or

vi. A member’s conduct is improper, harmful or illegal and contrary to the best interest of BFit Centre and / or its members.

7. UPGRADING YOUR MEMBERSHIP

Additional products and services such as Personal Training, Functional Training Centre, Boxercise classes and any other services not forming part of your base membership (from here on known as extra’s or components) offered, are additional to your base membership. You must have a current membership to participate in any of these activities are at an additional cost.

8. MINIMUM AGE

a. All members of the facility must be a minimum of 16 years of age. All Minors must have a parent or guardian co-sign this Agreement, and may be subject to additional restrictions on using and access to the BFit Centre, as determined in the discretion of the BFit Centre staff.

b. Minors aged between 16-18 years of age must comply with the following restrictions: i. access to the facility stated on this Membership Form;

ii. access to the facility can only be during Staffed Hours;

iii. a pre-exercise questionnaire must be completed by the parent or guardian prior to the commencement of exercise; and

iv. a suitably qualified personal trainer to undertake a pre-exercise assessment and then provide an exercise program for the Minor prior to the commencement of exercise.

9. ACCESS BY NON-MEMBERS

BFit Centre is accessible to members only, unless otherwise specified in these Facility Terms & Conditions. No member is permitted to bring a non-member into the facility, without the express prior written permission of the General Manager of BFit Centre, which permission shall be granted in the sole discretion of the General Manager of BFit Centre.

a. If a member breaches any clause/s of these Facility Terms & Conditions , the member acknowledges and agrees that:

i. they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the member and/or the non-member whether or not caused through the negligence of BFit Centre;

ii. BFit Centre reserves the right to implement clause 5.1 of these Facility Terms & Conditions for any breaches related to access, including immediately terminating the membership of the member who brings a non-member into the BFit Centre without receiving the express prior written consent of the General Manager of BFit Centre.

10. INDUCTION

a. It is a condition of these Facility Terms & Conditions that you participate in a scheduled member Induction program.

b. The Induction program focuses on the safe and correct use of the equipment provided at the BFit Centre. c. BFit Centre may immediately suspend or terminate your membership in the event you fail to complete the

Induction program to the reasonable satisfaction of BFit Centre.

11. TERMINATION, RESTRICTION OR SUSPENSION OF MEMBERSHIP

You may terminate your membership at any time on the following basis:

a. You provide a request for termination of your membership in writing to BFit Centre.

b. If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the facility:

i. your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

ii. subject to this written information being provided by you, or on your behalf, to BFit Centre, there will be a refund of any unused Membership Fees.

c. In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

d. If your request for termination is for reasons other than permanent sickness or physical incapacity: i. in relation to DD Memberships:

a. you may terminate your membership at any time;

b. you must provide BFit Centre with Written Notice of termination at least 2 days before your direct debit bill date to allow BFit Centre sufficient time to process your termination; and

c. there will be no refund of any unused Membership Fees as the cost of refunding these fees would be in excess of any fees refundable.

ii. in relation to PIA Members:

a. you may not terminate the membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in clause 11 (b); and

b. if you do not renew your PIA membership by the renewal date, your membership will automatically expire.

e. BFit Centre may restrict your membership (including by limiting access to Staffed Hours) at any time on the following basis:

i. concern for the health and/or safety of the member; or

ii. non-compliance, improper or harmful conduct engaged in by the member. f. BFit Centre may terminate your membership at any time on the following basis:

i. you fail to make any payments of your Membership Fees; ii. any fortnightly payments of fees are late;

iv. you fail to follow any of the Policies or Facility Rules, or violate any part of these Facility Terms & Conditions; or

v. your conduct is improper or harmful to the best interest of other BFit Centre members.

g. In the event that BFit Centre terminates your membership in accordance with clause 11(f), termination will be effective on the date that BFit Centre sends Written Notice. You are liable for all financial obligations until that date. If you are a PIA member, BFit Centre will not refund any unused portion of your fees.

h. Upon termination of your membership by BFit Centre, you will cease to have access to the Facility, and BFit Centre has the discretion to deny you access to any ”BFit Centre” branded Facility. Any money owing to BFit Centre when your membership ends, remains immediately due and payable and BFit Centre will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to BFit Centre, you must pay the balance of the amount owing.

i. Upon termination of your membership by your election, you may continue to use the Facility for any period that you have paid in advance. You will cease to have access to the Facility once any period you have paid in advance expires.

j. Termination or expiration of these Facility Terms & Conditions shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under these Facility Terms & Conditions prior to such termination or expiration.

12. PHYSICAL CONDITION

a. It is your responsibility not to use any equipment which may adversely affect any medical condition.

b. You hereby represent to your Facility and BFit Centre 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 Facility or its facilities.

c. If you have any health or medical concerns now or after you join as a member of the Facility, you must discuss them with your doctor before using the equipment or the Facility.

d. You acknowledge that BFit Centre did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

13. VIDEO AND AUDIO SURVEILLANCE

a. For security purposes, BFit Centre uses video and audio surveillance equipment to monitor the Facility on a 24 hour basis.

b. By signing/agreeing to these Facility Terms & Conditions you acknowledge that by accessing any “BFit Centre” branded Facility 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.

14. EQUIPMENT

a. You understand and acknowledge that BFit Centre purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Facility.

b. You understand and acknowledge that BFit Centre is providing recreational services and may not be held liable for defective products or equipment.

15. COOLING OFF PERIOD

b. A request for termination of membership during the cooling off period must be made by you in writing and delivered to the Facility or sent by post to the Facility, unless these Facility Terms & Conditions 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, BFit Centre shall refund to you the total of all Membership Fees. If this is not an unsolicited consumer agreement under the Australian Consumer Law, and you have been provided services under these Facility Terms & Conditions the Facility will refund your Membership Fees less a fee of $75, or 10% of the fee’s paid (which ever is lesser). BFit Centre will refund all monies to you within 21 days of BFit Centre receiving Written Notice of termination or such earlier date as required under the Australian Consumer Law.

16. RISK WARNING

a. BFit Centre warns that whilst you are on our premises using our Facility and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

i. slipping on wet flooring; ii. being struck by weights;

iii. colliding with equipment, or other members; iv. engaging in strenuous exercise and activities; or

v. incorrect use of equipment or Facility,

b. You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

c. You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

d. You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by BFit Centre are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.

17. DISCLAIMER

The policies, regulations, procedures, and fees in this document may be subject to change without prior notice.

The most up-to-date terms and conditions always apply. You can find copies at your local club or on our website at www.bfitexpress.com.au