(a) incidental, special, remote or unforeseeable loss or damage;

(b) loss of revenue, profit, income, bargain, opportunity, use, production, business, contract, goodwill, or anticipated savings, or loss caused by business interruption, but excluding loss of any amounts that would, but for the act or omission of a party, have otherwise been payable under this Membership Agreement;

(c) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or

(d) loss or damage of the nature set out above in clauses (a) and (c) (inclusive) that is incurred or suffered by or to a third party.

Cooling Off Period starts from the Agreement Date and ends 48hours later.

Direct Debit Agent means Ezidebit Pty Ltd ACN 096 902 813, and its Related Bodies Corporate.

Gym means the gym premises specified in the Membership Form.

Health Questionnaire means the questionnaire regarding the Member's health and fitness and medical history contained within the Membership Form.

Insolvency Event means a liquidation or winding up, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or any event that has a substantially similar effect to these events.

Joining Fee means the initial administrative fee payable by the Member to Transform Fitness for the Services, specified in the Membership Form.

Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs.

Member refers to the person specified in the Membership Form as the member and includes the parent or guardian of the Member if the Member is under 18 years and references to you and your.

Membership Agreement means:

(a) Your Membership Form.

(b) These Membership Terms and Conditions.

(c) Any special conditions, schedules, or annexures to your Membership Agreement.

Membership Details means the details relating to the Member's membership, specified in the Membership Form.

Membership Fee means the fee payable by the Member to Transform Fitness for the Services, specified in the Membership Form.

Membership Form means the Membership Form completed by the Member and includes the Membership Details and Health Questionnaire.

Minimum Term means a period of 18 weeks commencing from the Commencement Date or as otherwise stipulated in the Membership Form.

Orientation Program means the health and safety program provided by Transform Fitness, covering topics including: 

(e) the Member's use of the gym equipment;

(f) an introduction to group fitness classes; and

(g) other health and safety obligations of the Member. 

Related Body Corporate has the meaning given to it in section 9 of the Corporations Act 2001 (Cth).

Representative means any person acting for or on behalf of a party and includes any director, officer, employee, agent, contractor or sub-contractor of the party.

Services means:

(a) health and fitness club membership services;

(b) Training services;

(c) nutritional advice services; and

(d) any incidental services that can be reasonably inferred as being necessary or appropriate to supply these services.

Suspension Fee means the fee the Member must pay to suspend this Membership Agreement, being an amount equal to 50% of the current Membership Fee.

Trading Hours means Transform Fitness' ordinary trading hours for the Gym, as amended from time to time.

Transform Fitness means Transform Fitness Pty Ltd ACN 130 612 798 (ABN 95 629 331 610) its successors, licensees, Related Body Corporates, and permitted assigns, including references to we, us, ours.

Training means any workout, training or other fitness activity at the Gym.

Interpretation

In this Membership Agreement:

(a) If a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(b) Words such as including or for example do not limit the meaning of the words preceding them; 

(c) No provision of this Membership Agreement will be construed to the disadvantage of a party merely because that party was responsible for preparing this Membership Agreement or including the provision in this Membership Agreement;

(d) All monetary amounts are expressed in Australian Dollars ($AUD); and 

(e) Parties must perform their obligations on the dates and times fixed by reference to Victoria, Australia.

(a) This Membership Agreement commences on the Commencement Date and continues for the Minimum Term.

(b) At the end of the Minimum Term, this Membership Agreement will automatically renew and continue until it is terminated in accordance with this Membership Agreement (Term).

(a) This Membership Agreement is subject to the Cooling Off Period.

(b) The Cooling Off Period applies to new Members only.

(c) A Member can cancel the Membership Agreement in writing to Transform Fitness before the end of the Cooling Off Period.

(d) If the Member terminates this Membership Agreement within the Cooling Off Period, then this Membership Agreement will terminate immediately, and Transform Fitness will refund all monies paid by the Member with the exception of any administration fees (10% of the upfront membership cost by the member or $80 whichever is lesser) reasonably incurred by Transform Fitness, along with any special services that have been delivered such as personal training.

(a) provide the Services to the Member in accordance with this Membership Agreement; and

(b) grant the Member access to the Gym for the Services.

(a) fully participate in the Orientation Program;

(b) comply with Transform Fitness' rules and health and safety requirements, as amended from time to time;

(c) respect other Transform Fitness members and Transform Fitness' Representatives, including not causing offence or injury to those people or causing damage to their property;

(d) wear suitable fitness clothing when Training;

(e) enter and leave the Gym without making unreasonable levels of noise or disruption;

(f) cease Training in the event of injury;

(g) not allow third parties, who are not members, to access the Gym; and

(h) not use high-risk equipment, deemed as such by Transform Fitness, during unstaffed hours.

(a) Joining Fee on the Commencement Date; and

(b) Membership Fee in accordance with this Membership Agreement.

(a) make use of its membership;

(b) access the Services;

(c) engage or participate in any Training; or

(d) terminates this Membership Agreement during the Minimum Term for any reason other than referred to in clause 15.1 below.

(a) Transform Fitness will not increase the Membership Fee during the Minimum Term.

(b) Transform Fitness may increase the Membership Fee during the Term by giving the Member 30 days' notice.

(a) If any Direct Debit Payment fails, the Member authorises the Direct Debit Agent to:

(i) add the outstanding fees to the next Direct Debit Payment; or

(ii) make additional Direct Debit Payments to recover the outstanding fees.

(b) If any Direct Debit Payment fails, the Member will pay any reasonable administration fees, including any fees for the dishonoured direct debit.

(c) If the Member defaults on a Direct Debit Payment without a valid reason and fails to remedy that default within seven days of being notified by the Direct Debit Agent:

(i) the Direct Debit Agent may refer the default to a debt collection agency or solicitor; and

(ii) Transform Fitness may suspend the Member's access to the Gym and Services until such time as the outstanding fees are paid.

(d) If proceedings are commenced pursuant to clause 6.5(c):

(i) the Member will be liable for any Loss incurred by Transform Fitness, including reasonable legal costs and interest; and

(ii) Transform Fitness may, at its sole discretion, terminate this Membership Agreement, at which time all outstanding fees must be paid by the Member to Transform Fitness.

(a) If the Member elects to pay the Membership Fee using the direct debit service offered by the Direct Debit Agent (Direct Debit Payments), the following terms under clause 7 apply.

(b) The Member must read, complete and accept all documents required by Transform Fitness and the Direct Debit Agent to establish and maintain the Direct Debit Payments.

(c) The Member agrees to pay any reasonable administration fees associated with setting up and facilitating the Direct Debit Payments.

(d) The Member authorises the Direct Debit Agent to debit the Member's nominated bank account, debit card or credit card for the fees payable by the Member to Transform Fitness.

(e) The Member will notify the Direct Debit Agent of any changes to its payment details.

(f) The Member is responsible for:

(i) ensuring its nominated bank account, debit card or credit card has sufficient funds to meet the Direct Debit Payments; and

(ii) paying all bank fees, including fees charged by the Member's bank for an overdraw of its account as a result of a Direct Debit Payment.

(g) The termination of this Membership Agreement will also terminate the Direct Debit Payments. However, termination of the Direct Debit Payments is subject to confirmation by the Direct Debit Agent.

(a) consents to being photographed or video recorded by Transform Fitness or its Representatives; and

(b) consents to all photographs and videos, taken or recorded pursuant to clause 8(a), being used in Transform Fitness' marketing and promotional activities, whether before, during or after the Term of this Membership Agreement; and

(c) assigns all rights in photographs and videos, taken or recorded to Transform Fitness.

(a) The Member retains all rights under the Australian Consumer Law.

(b) Transform Fitness will not provide a refund if the Member requests a refund due to a change of mind, except in accordance with clause 3.

(c) Transform Fitness does not limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.

(a) Subject to clause 10.2, Transform Fitness will not be liable to the Member under or in connection with this Membership Agreement for any Consequential Loss arising from negligence, breach of contract or otherwise.

(b) Transform Fitness will not be liable to the Member for any Loss incurred due to any act, omission or negligence of any sub-contractor for the supply of the Services.

(c) If Transform Fitness is found to be liable to the Member, then Transform Fitness' total liability will not exceed the Membership Fee already paid, or partially paid, by the Member in the preceding 12 months.

(a) liability that cannot be limited or excluded by law; and

(b) Transform Fitness' liability resulting from its fraudulent, reckless or unlawful act or omission.

(a) any death of, or injury to, any person and any loss to the real or personal property of any person, caused by an act or omission of the Member; or

(b) any breach of this Membership Agreement.

(a) The Member acknowledges there are risks involved in all aspects of Training and other athletic activities and physical exercise, including use of the Gym and equipment, including risks of personal injury and death. Particular risks include:

(i) twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;

(ii) spinal injury or nerve damage;

(iii) the contraction, aggravation or

(iv) paralysis; and/or

(v) death.

(b) Before participating in any Training or receiving any Services, the Member must ensure that they are aware of, and properly understand, all of the risks involved in the Training and Services supplied by Transform Fitness, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which the Member suffers.

(c) The Member acknowledges that:

(i) the Services may involve strenuous exercises and other high exertion activities and the Member is not obligated to perform nor participate in any activity in which the Member does not wish to participate;

(ii) it is the Member's responsibility to communicate any physical and psychological concerns that might conflict with the Member's engagement or participation in in any Training or when receiving the Services to Transform Fitness or its Representative; and

(iii) it must stop Training and, where possible, notify Transform Fitness or its Representative if the Member experiences any light-headedness, feels faint, dizzy, nauseated, or experiences any pain or discomfort.

(d) The Member warrants:

(i) it has no physical impairments, injuries or illnesses that will endanger the Member, other members or Transform Fitness Representatives;

(ii) it is not aware of any medical or physical condition that would prevent the Member from receiving the Services;

(iii) it has disclosed all injuries and illnesses, whether current or historical;

(iv) it is physically fit and mentally capable of performing the Training it chooses to engage or participate in; and

(v) all information referred to in the Health Questionnaire and this clause 11(d) is true and accurate to the Member's best knowledge.

(e) If the Member is pregnant or becomes pregnant during the Term, the Member warrants that it has received written consent from the Member's doctor that they are able to safely engage or participate in Training and receive the Services.

(f) By entering into this Membership Agreement, the Member acknowledges, agrees and understands that the Member's engagement or participation in the Training or any Services supplied by the Transform Fitness may involve the:

(i) risks generally; and

(ii) the particular risks described above.

(b) The Member agrees to waive any responsibility, liability or Claim of any nature or cause including negligence, which the Member might have, or which may arise against Transform Fitness or its Representatives, including, but not limited to, receiving the supply of the Services and use of the facilities, Gym or equipment of Transform Fitness. 

(a) The Member acknowledges there are risks involved in all aspects of Training and other athletic activities and physical exercise, including use of the Gym and equipment, including risks of personal injury and death. Particular risks include:

(i) twists, sprains, ligament damage, broken bones and/or muscle or other physical injury;

(ii) spinal injury or nerve damage;

(iii) the contraction, aggravation or

(iv) paralysis; and/or

(v) death.

(b) Before participating in any Training or receiving any Services, the Member must ensure that they are aware of, and properly understand, all of the risks involved in the Training and Services supplied by Transform Fitness, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which the Member suffers.

(c) The Member acknowledges that:

(i) the Services may involve strenuous exercises and other high exertion activities and the Member is not obligated to perform nor participate in any activity in which the Member does not wish to participate;

(ii) it is the Member's responsibility to communicate any physical and psychological concerns that might conflict with the Member's engagement or participation in in any Training or when receiving the Services to Transform Fitness or its Representative; and

(iii) it must stop Training and, where possible, notify Transform Fitness or its Representative if the Member experiences any light-headedness, feels faint, dizzy, nauseated, or experiences any pain or discomfort.

(d) The Member warrants:

(i) it has no physical impairments, injuries or illnesses that will endanger the Member, other members or Transform Fitness Representatives;

(ii) it is not aware of any medical or physical condition that would prevent the Member from receiving the Services;

(iii) it has disclosed all injuries and illnesses, whether current or historical;

(iv) it is physically fit and mentally capable of performing the Training it chooses to engage or participate in; and

(v) all information referred to in the Health Questionnaire and this clause 11(d) is true and accurate to the Member's best knowledge.

(e) If the Member is pregnant or becomes pregnant during the Term, the Member warrants that it has received written consent from the Member's doctor that they are able to safely engage or participate in Training and receive the Services.

(f) By entering into this Membership Agreement, the Member acknowledges, agrees and understands that the Member's engagement or participation in the Training or any Services supplied by the Transform Fitness may involve the:

(i) risks generally; and

(ii) the particular risks described above.

(i)  Acknowledges and agrees that they have read this Membership Agreement;

(ii)  Consents to the Member entering into the Membership Agreement; and

(iii)  Accepts full responsibility and liability for any Loss, which may arise as a result of the Member's access and use of the Services, including their failure to pay any fees as set out in this Membership Form.