Membership AgreementThis is an Agreement under which you agree to become a member of SCU Fitness for You (or to renew your membership). It is made up of the following Terms and Conditions, and any other documents referred to including: Membership Details and Direct Debit Request Form; Pre-Exercise Questionnaire; Code of Etiquette; Unstaffed Hours Usage Terms and Conditions Induction Checklist. When you sign this Agreement you are entering into a legally binding contract with us.

In this Membership Agreement:

“we”, “us” and “our” refers to Southern Cross University Campus Services Ltd trading as SCU Fitness for You (ABN: 57003082406); and “I” and “my” ‘your” and

“you” refers to the individual specified in the Membership Details Form.

Please read the following terms and conditions carefully and sign and date at the bottom of page. To be completed by legal Parent/Guardian if the

Applicant is under 18 years of age.

TERMS AND CONDITIONS 1: All new memberships of at least six (6) months duration have a cooling off period of seven (7) days only, from the date of signing the membership agreement, irrelevant of the start date for the membership. The cooling off period for memberships of less than six (6) months’ duration is 48 hours from the date of signing. Requests for termination of membership and refund of any monies paid during this time must be presented to Management in writing. Any refunds granted within this time will be a total of monies paid less service and administration costs. Following this period there will be no refunds granted on monies paid and any membership balance must be honoured. There is no cooling off period on membership renewals.

2: Direct debit memberships are an ongoing, minimum term (minimum term is six (6) months) contract, and membership and payments will continue beyond minimum term until a written application to cancel the membership has been received by SCU Fitness for You. You have the right to cancel your membership at any time, however, cancellation for reasons other than during the cooling off period or due to permanent sickness or physical incapacity will require the balance of your initial commitment to be paid in full. Fourteen (14) days’ notice is required to process a cancellation, and any debit fees due during this fourteen (14) day period will continue to be collected. Any minimum term balance must be paid in full before a cancellation will be processed. It is your responsibility to confirm SCU Fitness for You has received your cancellation request. Management may vary any details of the direct debit agreement at any time by giving you 14 days’ notice in writing. You recognise that direct debit payments are managed and debited by EzyPay Pty Limited, and you have read and understood the EzyPay Terms and Conditions, which are attached to the Direct Debit Request Form.

3: Memberships of three or more months are entitled to be put on temporary hold, upon application. Memberships may be on hold for a minimum of one week and a maximum of three months per 12 month period. Any requests for on hold time must be made in writing to management and are subject to approval. Requests to place direct debit memberships on temporary hold must be made in writing at least 14 days prior to the on hold period commencing, where possible, as direct debit payments are taken two weeks in advance. Debit fees will not be deducted during the approved on hold period for direct debit memberships, but extra time will be added to the end of membership to meet the minimum term of six (6) months) if applicable. On hold time will commence from the date of application where possible, or a future date listed on the application form and cannot be backdated for any reason. On hold time will not be granted on any membership that has fallen into arrears.

4: You may be refused entry, should payment of membership fees fall into arrears, until such time as arrears have been received. Additional charges may apply for late fees. Prolonged non-payment of fees will result in cancellation of membership and possible legal action to recover any outstanding balance.

5: We reserve the right to amend the hours of operation, services offered, fees and charges, and membership terms and conditions without prior notice. Any such changes will not affect the terms of this Membership Agreement.

6: It is your responsibility to notify us of any personal detail changes including address, contact numbers and bank account details.

7: You have read, understood and agree to adhere to the rules of conduct, behaviour, dress code, equipment usage, personal privacy and use of services within our Code of Etiquette, a copy of which is attached to this Membership Agreement, and displayed in various places within our facility. You also understand that the Code of Etiquette may be amended without notice.

8: If you have joined on an Extended Hours Membership, you understand that I will have access to our facility outside of the regular staffed hours, and that this access may be unsupervised. You understand that you are not permitted to access our facility outside of regular staffed hours, until you have read, understood and completed the Unstaffed Hours Usage Terms and Conditions Induction Checklist, the terms and conditions of which, once signed, are incorporated into this Membership Agreement. 9: SCU Fitness for You is under 24 hour security camera

surveillance. You understand that my activities are recorded, including while training, entering and exiting the building or restrooms, and that this video system is used for security purposes, but does not protect you from harm.

10: Appropriate clothing must be worn at all times within our facility. Clothing coverage should be adequate so as not to offend other members and staff. Appropriate clothing includes a pair of closed in runners, and that thongs and open toe sandals are not permitted in the workout areas.

11: You understand that you will be held responsible, and will be liable for any costs arising from any damage caused by wilful damage of, or misuse of, equipment by you, or any guest you bring to SCU Fitness for You.

12: If you come across any equipment that is damaged or requires maintenance, you are requested to report to staff either in person during staffed hours, or during unstaffed hours, complete the appropriate fault report tag and attach it to a visible area of the equipment. Fault report tags are located on the Emergency Board. This alerts staff and other users to a possible problem and can be rectified as soon as possible. Fault report tags may only be removed by staff.

13: You must comply with staff recommendations and instructions regarding safe exercise performance and machine or equipment time limitations. You are required to be courteous to all other members and staff. We have the right to refuse entry or cancel my membership without notice for any inappropriate behaviour so deemed by our staff or management. Smoking, alcohol or drug use is not permitted within SCU Fitness for You.

14: Other than as stated on the Pre-Exercise Questionnaire, you confirm that you do not have any physical, medical or other disability or condition which may be affected or aggravated or result in any loss, damage or injury to my person or deterioration of your health if you make use in any way or have access to, or are present at, or undertake any exercise, activity or evaluation at SCU Fitness for You, including any facilities, (such as gym, equipment, pools or areas available at or nearby the premises) including (but not limited to) participation in exercise activities outside the premises using public streets, footpaths, parks or beaches. You undertake to inform us in writing immediately upon my becoming aware of any such disability or condition.

15: You acknowledge and recognise the inherent risks of injury or ill health resulting from use of the services and from participation in exercise generally. In consideration of participation in activities within and in connection with SCU Fitness for You. You agree to release and indemnify SCU Fitness for You, and any company associated with SCU Fitness for You, and each and all of its employees, students and contractors to the maximum extent permitted by law from any claim, actions, suits, demands, proceedings, and causes of action and any direct, indirect, resulting or consequential loss, cost, expense or damage of whatsoever kind which you may incur, suffer, or sustain, whether in respect of your person or property or otherwise, arising out of or in connection with your use, or access to, or presence at SCU Fitness for You, including during organised exercise outside the premises using public streets, footpaths, parks or beaches. You agree to participate in all activities at my own risk whether supervised or not by staff.

16: You understand that you are required to report all injuries or incidents to staff either in person during staffed hours or via the incident reports located on the Emergency Board.

PRIVACY AND PERSONAL INFORMATION

17: SCU Fitness for You is requesting your personal information so that we can:

SIGNATURE • Use this information in case of an emergency;

• We may also use some of your personal information for internalauditing, reporting or program evaluations;

• Provide your name and contact details to a contractor orconsultant for auditing, reporting or evaluation purposes; and

• If you take up a direct debit membership, you understand thatthe personal information provided in the Direct Debit RequestForm, including bank account details, will be provided to

EzyPay Pty Limited. Signature:

18: With your permission, we would like to place you on our mailing list for special offers/gym and pool information. I consent to my name and contact details being placed on the mailing list. Date: ____________________

Signature:

Date: ___________________

18)

CRICOS Provider: 01241G