Terms — T's Pole and Fitness

Terms and Conditions

The T’s Pole and Fitness Website at www.tspoleandfitness.com.au (the Website) is operated and owned by JT Fitness Studio PTY LTD (ACN 689 263 714.

These Terms and Conditions, together with any Membership Form, Screening Tool, Waiver and/or DDR Service Agreement set out in the Appendixes, set out the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Member, you, your) will obtain services, including the Activities, from JT Fitness Studio Pty Ltd (ACN 689 263 714) (Company, we, us, our).

We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website, and your ordering of the Activities or using the Studio following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only apply to Membership Forms entered into after the change occurs. However, we will only increase your Fees in accordance with clause 8.3 below.

1. Membership Form, This Agreement

(a) These Terms and Conditions will apply to all the Member’s dealings with Company, including being incorporated in all agreements or quotations under which Company is to provide services to the Member (each a Membership Form) together with any additional terms included in such a Membership Form (provided such additional terms are recorded in writing).

(b) The Member will be taken to have accepted this Agreement if the Member accepts a Membership Form, or if the Member orders, accepts or pays for any Activities provided by Company after receiving or becoming aware of this Agreement or these Terms and Conditions.

2. Term

This Agreement commences on the Commencement Date and continues:

(a)for the duration of the Minimum Term specified in the Membership Form for upfront Membership Plans;

(b)for the duration of the Minimum Term, and then automatically as a ‘week to week’ Membership Plan until terminated in accordance with clause 15 for Minimum Term Membership Plans; and

(c)until terminated in accordance with clause 17 for week to week Membership Plans.

3. Participant’s Obligations

3.1 CAPACITY AND AGE

(a) The Member warrants that they:

(i)have the legal capacity and are of sufficient age to enter into a binding contract with us; and/or;

(ii) are the parent or guardian of the Member who consents to this Agreement on behalf of the Member.

(b) The Member acknowledges and agrees that they must be at least 18 years of age to participate in the Activities.

3.2 PRE-ACTIVITY OBLIGATIONS

a) The Member warrants that, on or prior to the Commencement Date, they:

(a)will complete the Screening Tool located in Appendix A and;

(i)if they answer ‘yes’ to any of the questions contained in the Screening Tool, obtain a doctor’s certificate stating that they are allowed to participate in the Activities; or

(ii)if they answer ‘yes’ to any of the questions contained in the Screening Tool and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Activities, agree that they participate in the Activities at their own risk, if permitted to do so by Company;

(b)have read and signed the Waiver located in Appendix B;

(c)have read and signed the DDR Service Agreement in Appendix C; and

(d) accept any Third Party Terms, in accordance with clause

3.3 GENERAL

(a) The Member must provide Company with all documentation, information and assistance reasonably required for Company to provide the Activities;

(b) The Member must participate in any briefings and/or introductions as notified by Company prior to engaging in any Activities; and

(c)If you are the Member’s parent or guardian and the Member is under the age of 18, you must ensure that the Member complies with these terms, and agree to the terms of this Agreement in respect of the Member.

3.4 INSTRUCTIONS AND SAFETY

a) The Member warrants that they:

(a)will undertake an instructional consultation with Company’s Personnel prior to engaging in the Activities;

(b) comply with any safety guidelines, instructions and/or rules that Company’s Personnel provide to them;

(c) stop participating in any Activities, and alert Company or its Personnel, if the Member has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Activities; and

(d)be responsible for their own safety and that of any person under the age of 18 years for whom they have signed responsibility.

3.5 HEALTH AND STATE OF THE PARTICIPANT

a) The Member warrants that they:

(a) are not pregnant and do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Activities (Condition);

(b)will notify Company immediately if they develop a Condition;

(c)will accept any limitations, adjustments or recommendations instructors provide to accommodate for a Condition;

(d) are aware and agree that if they have a Condition, Company might refuse them participation in some and/or all Activities;

(e) are aware that the Activities, even when no accident occurs, may involve risk to health;

(f)will not participate in the Activities under the influence of drugs, alcohol or illicit substances;

(g)will not participate in the Activities, if ill, injured or feeling unwell; and

(h)will participate in warm up activities included in classes, or will warm-up prior to participating in the Activities.

4. Classes and Studio Availability

4.1 CLASSES

(a) The Member acknowledges and agrees that unless directed otherwise, they are required to book their Classes in advance via the Mindbody Scheduling Software.

(b) The member acknowledges that if they are waitlisted for a class, they will be provided 30 minutes to accept the class before the next person on the waitlist is offered the spot.

(c) The member must provide 8 hours notice to cancel a class in order to be able to rebook using the same class credit. Failure to do so will classify the class credit as used.

4.2 CLASS AND PRACTICE SESSION BANKING

(a)Weekly membership unused classes bank for 60 days from date earned;

(b)Weekly membership unused practice sessions bank for 30 days from date earned;

(c)Individual and block passes bank for 60 days from purchase date;

(d)Banked Classes and Practice Sessions expire automatically and cannot be extended.

(e)Banked Classes and Practice Sessions cannot be used during period of Membership Suspension; and

(f)Banked Classes and Practice Sessions expire automatically at Termination of Membership.

4.3 AVAILABILITY

(a)While Company will endeavour to ensure that Classes and equipment are available during the advertised opening hours, on occasion, Classes or equipment may be full, unavailable or no longer offered and Company will not be liable to the Member in such circumstances.

(b)Company reserves the right to change the Classes and times offered at its absolute discretion without notice to the Member.

(c) The Member acknowledges that during public holidays and over the Christmas and New Year breaks, Company classes are reduced in frequency and/or unavailable. This circumstance has been reflected in our Fees and the Member is not entitled to any fee discounts on this account.

5. Pole Fitness Activities

a)If you participate in pole fitness activities, you acknowledge:

(a)pole fitness involves elevated movements, inversions, and complex physical manoeuvres;

(b)risks include but are not limited to: falls, muscle strains, bruising, friction burns, joint injuries, and impact injuries;

(c)proper warm-up and following instructor guidance is essential for safety;

(d) you must inform instructors immediately if you feel unsafe or unable to continue;

(e)modified versions of moves will be offered for different skill levels and physical limitations; and

(f) you will not attempt moves beyond your current skill level without instructor approval.

5.2CONSEQUENCES OF BREACH

a)If you breach any of the above clauses:

(a)Upon your first breach, you will be required to participate in a mediation meeting with management prior to attending any further Classes or Practice Sessions. Your Membership will be put on a temporary pause until this is completed.

(b) Following a mediation meeting, you must adhere to any agreements and action plans outlined. Failure to do so will constitute as a second breach of policy.

(c)Upon your second breach, it is up to the Company’s discretion if your access to the studio will be suspended for 14 days without any notification to you and no Fees in relation to the 14 day suspension will be refundable to you, or the Company will immediately terminate this Agreement and your access to the Studio will be removed, in which case you must pay the Company a fee equivalent to Half of the cancellation fee (1 week Membership)

6. Payment

6.1 FEES

a) The Member must pay the Fees to Company, in the amounts and at the times set out in the Membership Form or as otherwise agreed in writing.

6.2 FOUNDATION MEMBERSHIP

a) The Foundation membership $10 weekly discount on Membership pricing is active and continuous so long as Membership is active.

b) Temporary pause on membership does not end eligibility of Foundation Membership discount.

c)End of membership with Foundation Membership discount ends eligibility of Foundation Membership discount for any future Membership Agreement.

d) Foundation membership plans are subject to the Fee increases of other Membership Plans. The $10 discount remains in effect. You will be provided 31-days notice prior to such increases.

6.3DIRECT DEBIT (SL1)

a)If the Member’s Membership Plan is on a weekly Membership plan, the Member:

(a) agrees to enter into DDR Service Agreement with Bendigo and Adelaide Bank located in Appendix C to this Agreement;

(b) authorises Company to charge the Member’s bank account in advance in line with the Membership Form and DDR Service Agreement;

(c) acknowledges and agrees that each direct debit payment will incur a $1.25 transaction fee per transaction for bank accounts and $1.25 or 2.2%, whichever is greater, for Visa and MasterCard; (d)must ensure that there are sufficient funds available in their account to allow Bendigo and Adelaide Bank to debit the Fees payable;

(e)must give Company a notice of at least 48 hours if:

(i)the Member is transferring or closing the account specified in their DDR;

(ii)there are any changes to the Member’s credit card specified in their DDR; and

(f) acknowledges and agrees that if a debit is returned by the Member’s financial institution as ‘unpaid’:

(i)Company will charge the Member a $15 dishonour fee in addition to any fees charged under the DDR Service Agreement by Bendigo and Adelaide Bank; and (ii)Company will suspend your Studio access until the amounts payable are received by Company.

6.4 FEE INCREASES

a)We reserve the right to increase the Fees at any time if your Membership Plan is Week to week’, by giving you a 31-day notice of such increase.

b) Foundation membership plans are subject to the Fee increases of other Membership Plans. The $10 discount remains in effect. You will be provided 31-days notice prior to such increases.

6.5NON-REFUNDABLE FEES

(a)Any unused period you would be entitled to if you are on an Upfront Membership Plan and you cancel this Agreement prior to the expiration of the term, is non-refundable.

6.6INVOICES

a)If Company issues an invoice to the Member, payment must be made by the time(s) specified in such invoice.

6.7GST

a)Unless otherwise indicated, amounts stated in a Membership Form include GST.

7. Debt Recovery

(a)If Company is required to acquire goods or services supplied by a third party, the Member may be subject to the terms and conditions of that third party (‘Third Party Terms’).

(b)Provided that Company has notified the Member of such Third Party Terms and provided the Member with a copy of those terms, the Member agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Member or Company acquires as part of providing the goods or services and Company will not be liable for any loss or damage suffered by the Member in connection with such Third Party Terms.

(c)Any Service that requires Company to acquire goods and services supplied by a third party on behalf of the Member may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(d) The Member agrees to familiarise itself with any Third Party Terms applicable to any such goods and services and, by instructing Company to acquire the goods or services on the Member’s behalf, the Member will be taken to have agreed to such Third Party Terms.

9. Third Party Goods and Services

a)If you do not pay an amount due under this Agreement on or before the date that it is due:

(a)Company may seek to recover the amount due by referring the matter to debt collectors; and

(b) you must reimburse Company for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.

8. Suspension of Membership

(a)Suspension of membership is also referred to as a Pause in membership.

(b)You may suspend your Membership Plan for a minimum of 2 weeks at a time so long as the total time suspended within a 12 month period does not exceed 6 fortnights.

(i)notify Company in writing with 2 weeks prior to the date of suspension; and

(ii)not have any outstanding Fees to pay to Company.

(d)In the event a membership suspension is required due to a Medical Condition or Injury, a Medical Certificate can be provided to waive the required 2 week notice period.

(e)In the event of a membership being suspended within the 2 week notice period due to a Medical Condition or Injury, the membership will be suspended following the current weeks billing period. Your suspension will be active from the following billing period.

(f)Any time spent on suspension will be added onto the Minimum Term of the Agreement so that the amount payable shall still be payable regardless of any suspension or suspension charges made.

10. Liability and Indemnities

10.1 NO RELIANCE

a) The Member acknowledges that in deciding to pay for the Activities and in entering into this Agreement the Member has not relied on the skill or judgment of Company and that the Member has satisfied itself as to the condition and suitability of the Studio and/or Activities and their fitness for the Member’s purpose.

10.2 liability

(a) To the maximum extent permitted by law and subject to clause 14.2

(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Member to Company in the 3 months preceding the date of the event giving rise to the relevant liability.

10.3CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Company, except:

(a)in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b)to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

10.4RISK

(a)Participating in the Activities involves the potential for injury and the Member is participating in any Activities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, injury through impact during participation and death.

(b) The Member acknowledges that there will be times where the Member may be unsupervised by any Company Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Member’s unsupervised use of the Studio, unless there is reckless disregard or gross negligence on Company’s behalf.

(c) The Member acknowledges that while Company uses its best endeavours to ensure that the Studio and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Studio users. The Member agrees that Company will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on Company’s behalf.

(d) The Member will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Activities.

10.5 INDEMNITY

a) The Member indemnifies Company from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of: (a) any breach of this Agreement by the Member;

(b) any negligent, fraudulent or criminal act or omission of the Member or its Personnel; or

11. Warranties

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b)Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

12. Privacy

(a)You agree to be bound by our Privacy Policy, which is available [here].[SL2]

(b)You consent to us taking images and recording video footage of you for the following purposes only:

(i)promotion of the Studio, Studio events and advertising the associated products and services; and

(ii)publication on social media platforms or in newspapers, in trade and other journals and on websites and the internet for the purposes of professional advancement, in accordance with our Privacy Policy.

(c)Please notify us by emailing us if you do not wish footage or images of you to be taken or kept by us.

13. Cancellation

13.1BY COMPANY

a)Company may terminate this Agreement in whole or in part immediately by written notice to the Member if the Member is in breach of any term of this Agreement.

13.2NOTICE – ALL MEMBERS

a)Subject to clause 3, if you wish to cancel this Agreement, you must provide at least 2 weeks written notice to Company (Notice). 1

3.3SURVIVAL

a)Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.

14. Dispute Resolution

(a)A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b)A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c)Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

15. Notices

(a)A notice or other communication to a party under this Agreement must be:

(i)in writing and in English; and

(ii)delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement admin@tspoleandfitness.com.au the parties may update their Email Address by notice to the other party.

(b)Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)when replied to by the other party, whichever is earlier

16. General

16.1GOVERNING LAW AND JURISDICTION

a) This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

16.2AMENDMENTS

a) This agreement may only be amended in accordance with a written agreement between the parties.

16.3WAIVER

a)No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

16.4SEVERANCE

a)Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

16.5JOINT AND SEVERAL LIABILITY

a)An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

16.6ASSIGNMENT

a)A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

16.7COUNTERPARTS

a) This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

16.8COSTS

a)Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

16.9ENTIRE AGREEMENT

a) This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

16.10 INTERPRETATION

(a)(singular and plural) words in the singular includes the plural (and vice versa);

(b)(gender) words indicating a gender includes the corresponding words of any other gender;

(c)(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g)(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time; (h)(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)(includes) the word “includes” and similar words in any form is not a word of limitation;

(j)(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k)(currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

17. Definitions

a)In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings:

18. Interpretation

a) In this Agreement, the following rules of interpretation apply:

(a)(singular and plural) words in the singular includes the plural (and vice versa);

(b)(gender) words indicating a gender includes the corresponding words of any other gender;

(c)(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(g)(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h)(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)(includes) the word “includes” and similar words in any form is not a word of limitation;

(j)(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k)(currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

(l)(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(m)(includes) the word “includes” and similar words in any form is not a word of limitation; and

(n)(adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.