Terms & Conditions

1. Who is Active Collective Pty Ltd?

1.1  Active Collective Pty Ltd (ABN 65 620 070 868)

(“Active Collective”, “us’, “our” and “we”) we:

Offer

(1)     Reformer Pilates, Strength classes. Bootcamp classes, Mat Pilates, Yoga, Sculpt & Toning classes, Pre & Post Natal classes, Over 50’s classes, Breathwork, Stretch, Roll & Release sessions, Run Club;

(2)     Specialise in Pre & Post Natal fitness and personal training;

(3)     Conduct workshops and onsite events from time to time

(4)     Other relatable services;

The “Services” stated above are provided at our facility; 16/15 Jubilee Avenue, Warriewood NSW 2101, using online facilities or using outdoor locations.

Who can access and use our facilities and services?

Prior to using our services, Active Collective will ask you to complete a pre-exercise/ health questionnaire. All information provided in the questionnaire must be truthful, accurate and correct at the time of completing. Should anything change you must notify in writing Active Collective.

You must be 18 years of age to agree to the Terms and Conditions. You may access and use our services if you are under the age of 18, provided your legal parent, guardian or carer agrees to our Terms and Conditions on your behalf.

 If you are pregnant or injured Active Collective will require you to obtain consent from your healthcare provider or specialist prior to commencing or resuming any service at our facility.

These Terms will apply to all users of our Facility and Services including:

(1)     Active Collective Members

(2)     Active Collective Class Pass holders ( single or multi class pass holders and Intro offer holders)

Active Collective reserves the right to refuse entry to the facility for any such reason in our absolute discretion.

Active Collective Memberships

By signing up to and electing to take out an Active Collective membership or Class Pass the following terms will apply.

(1)     Your Membership Application Form;

(2)     Your pre-exercise/ health questionnaire form;

(3)     Active Collective’s fee schedule, set out in the Fees and Charges within the  Membership page on our website, which sets out the fees we charge for our Services.

3.3 It is important that you have read all of the terms and conditions of the Membership Agreement before agreeing to these Terms.

Should you have any questions please email amanda@activecollective.com.au .

3.4 Copies of policies and documents applicable to your Membership Agreement can be located within the Memberships page on our website. These maybe updated from time to time.

3.5 We may make reasonable changes to these Terms including any of our policy documents set out in 3.1 from time to time by publishing these updates on our website and notifying via email.

3.6 It is the responsibility of the client to check our website and regularly review emails sent by Active Collective for any changes to these Terms. If any amendment to the Terms significantly impacts and reduces the benefits of your membership you may terminate your membership under condition 9.7.

3.7 All sales of Intro Offers, Class Packs are non refundable and are final.

OUR SERVICES

4. Members Services

4.1 Becoming a member of Active Collective entitles you to the following:

(1) using our facility for the intended purpose

(2) attend scheduled classes and events

(3) attend private or semi private sessions

5. Memberships

5.1 Active Collective’s Memberships are available online and will be updated from time to time on both our website and via the MindBody App.

 Membership Contract Terms

5.2 Active Collectives Memberships have a minimum term of 4 weeks and are billed weekly to your nominated bank account. An upfront 2 week payment will be billed at the commencement of your membership. Subsequent weekly payments will be debited from your nominated bank account. You may choose to cancel your membership at any time. 2 weeks notice is required to cancel your membership. The 2 week notice period is from the date of your next billing cycle. Notice of cancellation must be made in writing to accounts@activecollective.com.au.

The period from your Membership Start Date to your Membership End Date will be the period that you are contracted to Active Collective Pty Ltd (committed membership term).

5.3 By entering into a Active Collectives membership, you understand that you are committing to pay the membership fees set out in your membership application form for the entire Committed Membership Term.

5.4 The fees payable in connection with Active Collective’s Membership have been agreed with you in your Membership Agreement. The fees will be direct debited each week in advance from your nominated bank account or credit card on a date determined by us from time to time.

5.5 You may terminate your membership during your committed membership term in accordance with condition 7.7.

5.6 Should you wish to terminate your membership during the Committed Membership period in circumstances other than those specified in condition 7.7, you must pay a break fee equivalent to the membership fees that would otherwise have been payable for the balance of the term of the Membership Agreement (break fee).

5.7 At the end of the Committed Membership period, your membership will automatically continue for further 4 week term (Further Commitment Terms) unless your membership is terminated by Active Collective in accordance with these terms or you provide us with the notice that you wish your membership to end on the expiry of the Committed Membership term. Notice must be received no less than 4 weeks prior to the expiry of the Committed term. The first Further Commitment Term will commence on the day following expiry of the Committed Membership Term and each Further Commitment term will begin on the first day after your previous Further Commitment Term ends. The membership fees payable per month in the committed Membership term will continue to apply during each Further Commitment Term unless notified pursuant to condition 6.8.

Non Contract Membership No Contract Terms

5.8 Active Collective from time to time may offer Non-Contract Memberships that are offered on a rolling, month-to-month basis. The contract will commence from the date you sign your Membership Agreement.

5.9 The fees payable in accordance with Active Collectives Non-Contract Memberships have been agreed with you in your Membership Agreement and will be the fees set out in the Fee Schedule from time to time. These fees will be direct debited each fortnight from your nominates bank account or credit card on a date determined by us from time to time.

Non Contract Short Term Membership & Challenge Memberships

5.10a Active Collective from time to time will make available for purchase memberships which are for a set period, example 28 days which commence upon the advertised start date and conclude upon the fixed period as advertised.

Short term Memberships include Feb Fit promotion 2025.

Purchase of the Feb Fit membership commences 1 Feb 2025 and concludes 28 Feb 2025.

No refund, transfer or extension of membership can be made. Option to purchase one of our standard memberships or class packs can be made thereafter.

Feb Fit Challenge classes include Reformer Pilates and Group Fitness as advertised on our regular timetable and additional workshop/ event classes may require an additional fee to attend. These will be advertised on our Mindbody booking system, on our website and via our social media.

Feb Fit Challenge is open to all of our Unlimited Class Members - Includes Active Elite and Foundation Members at no additional charge apart for the additional workshop/event classes which are advertised to pay a nominal fee.

Single and Multiple Class Pass Packs

5.10b Active Collective offers single and multiple class pass packs. The fees and terms associated with these packs are available on the Fees Schedule of our Website from time to time.

Class Fees

5.11 Class fees applicable from time to time are set out in the Fees Schedule.

5.12 You are required to give a minimum 2 hours notice your are unable to attend a class at Active Collective at any of the facilities.

5.13 Failure to provide the required notice of cancellation will result in the following:

(1) in the case of a Member a $15.00 late cancellation fee maybe be deducted from your nominated bank account; or

(2) in the case of a user who has booked a class using a single or multiple class pack, the class being deducted from the single or multiple class pack despite the user not attending the class.

6  Membership Fees and Payment terms

6.1 Members must pay membership fees for our Services in accordance with the terms agreed in your Membership Application Form (Membership Fees). Membership Fees payable will depend on the Membership option selected.

6.2 In addition, the following terms will apply:

(1)     Contracted Memberships: You must pay your Membership Fees one month in advance by direct debit from a bank account or credit card. Subsequent payments will then be each week debited from the nominated bank account.

(2)     Non-Contracted Memberships: You must pay your Membership Fees in advance each fortnight by direct debit from a bank account or credit card.

(3)     Private & Semi Private Sessions:  You must pre-pay for any private or semi private sessions by either credit card, nominated bank account or cash payment.

6.3  Where the payment date for any Membership fees falls on a public holiday Active Collective will debit your account on the next business day.

6.4 We engage a third party payment gateway (Payment Processor) to process your payments where you have selected to pay Membership fees by direct debit. You acknowledge that the applicable Payment processor may charge you a transaction fee when processing your payment, in addition to your Membership Fee. This fee is an amount paid to the Payment Processor to cover the cost of their services, and not paid to Active Collective.

6.5 If you use a debit or credit card (Including Visa debit facilities and excluding AMEX) we will add a surcharge to your weekly debit no greater than the cost of accepting that payment method from our external third party provider, as set out in our Fee Schedule.

 6.6 You must notify us of changes to your billing details. You must tell us if you are transferring or closing your account and any changes to your credit card (such as expiry date), at least 48 Hours before your next direct debit is due.

6.7 If your payment fails and you do not pay your Membership fee in full on the due date, we may suspend your access to our Services until your account is paid in full. We may also charge you a late payment fee of $15 to cover our costs and transaction charges imposed by our third party provider. You authorise us to debit this amount form your account. If the amount you owe is not paid within 30 days of the due date for payment, we may cancel your access to our Services.

6.8 We may vary our Membership fees by providing 30 days notice to you in writing via email or text message to the most recent email address or phone number you have provided to us for this reason, please ensure you contact details remain true and correct. We will not change the Membership Fees applicable to a Membership during the Committed Membership term.

7 Pausing or Cancelling your Membership

 7.1 If you have a contracted Membership:

(1)     You may pause your membership at anytime throughout the year. The membership will pause on the next date of your billing cycle. There a minimum membership pause term of 1 week. Active Collective understands you may not be able to attend the our Facilities or Services due to illness, injury or childhood illness. A medical certificate of clearance maybe requested where injury or illness is the result of your membership suspension for periods longer then 1 calendar week apply so we can ensure duty of care upon your return.

(2)     The membership pause must be made in writing to Active Collectives email address accounts@activecollective.com.au

(3)     You will not be able to use our Services while your Membership is on pause.

(4)     Your committed Membership Term will be extended for the duration of the pause.

(5)     You may pause your membership for any reason for one or more consecutive weekly billing cycles. You cannot pause your membership for only part of a weekly billing period.

(6)     You can only terminate your Membership Agreement during the Committed Membership Term of your Membership Agreement.

(7)     If your Membership Agreement continues for any Further Commitment Term, you may terminate your Membership Agreement by giving us written notice. Termination will take effect at the end of one further weekly billing cycle (example, if you give four weeks notice before the billing date, you will be able to access the Facility and our Services (and will pay Membership Fees) for a period of 4 weeks, in addition to the final month of the Further Commitment Term).

7.2 You can nofity us in writing that you wish to cancel your Membership within the Membership Start Date (Cooling Off Period). If you do so, we will refund all amounts paid to us upfront and in advance. We will make payment of these amounts after any documentation provided upon commencement is returned. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the cost of a single class pack for each visit you have made during the Cooling Off Period.

7.3 If you have a Non- Contracted Membership:

(1)    You may cancel your membership for any reason during your Membership Agreement, provide your account is up to date, by giving us written notice.

7.4 We may, in our discretion, agree to pause your membership for longer than the time periods stated above for travel, medical or hardship reasons. We may ask that you provide appropriate documentation (for example, a medical certificate) to support an extension.

7.5  We will pause your membership for a period of 10 weeks from the birth date of your baby or such other date that you request in writing provided you have given us notice at least one billing cycle prior to the start of the first fortnightly or monthly billing period (depending on your membership type)that you wish to pause your membership. If you wish to suspend your membership for a longer period, please let us

know and we can discuss this with you.

7.6 All members may suspend or cancel use of our Services and your Membership Agreement immediately by notice to us in writing if:

(1) your medical practitioner provides a certificate stating that you are unable to train with us. In this case, we will promptly refund you the portion of any fortnightly or monthly membership fee that you have paid but are unable to use due to illness

and will cease charging you any further

Membership Fees;

(2) We make changes to these Terms which will significantly reduce the benefits of your

membership or have a significant impact on you;

(3) we transfer our rights or obligations (or both) under condition 19.3 and you do not consider that the new service provider is providing the services

in an equivalent manner; or

(4) we breach any terms of your Membership Agreement and fail to rectify that breach within 14days of you giving us notice to do so.

8. Suspension or termination by Active Collective

8.1 We may suspend:

(1) your access to the Facility and the Services; and

(2) in the case of Members, your Membership Agreement,

if:

(3) you do not pay the Membership Fees or any other amounts payable to us or the Allied Health Service Providers on the due date for payment; or

(4) if we are unable to deduct the Membership Fees from your account (in accordance with condition on the due date for payment.

8.2 We may suspend access to the Facility and Services at any time if required to do so by a public health order or other order of a regulatory body or agency. We may also, at any time, notify you that we have suspended your access to the Facility and Services if we reasonably consider that there is any reason which should prevent your entry into and use of the Facility and the Services. In the case of any suspension

in accordance with this condition 8.2, all payments for Membership Fees will be suspended for the duration of the suspension and the term of your Membership Agreement (if

any) will be extended by the duration of the suspension.

8.3 We may, in our discretion:

(1) cease to provide access to the Facility and Services; and

(2) in the case of Members, terminate your

Membership Agreement, if:

(3) you commit a serious or repeated breach of these Terms;

(4) any part of your Membership Fees and any late fees remain unpaid 30 days after falling due;

(5) you intentionally or negligently damage any of our equipment or property;

(6) in our opinion, your behavior when accessing the Services or Facility poses a serious risk to your own wellbeing or that of other members, users, our staff or contractors; or

(7) you do anything which in our reasonable opinion, could damage our reputation or bring us into disrepute.

8.4 If we cease to provide access to the Facility or Services, or terminate a Membership Agreement for any of the reasons in condition 8.1 or 8.3, we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Fees due for the remainder of the then current fortnightly billing period and any arrears.

8.5 We will notify you of any suspension or termination under this condition by emailing you, or writing to you at the contact address we have for you in our records.

 Code of Conduct

9.  User and Member obligations

9.1 You must comply with Active Collective’s  Code of Conduct set out in

this condition 9, as well as any other conditions of entry or rules applicable at the Facility (as notified from time to time) at all times.

9.2 We may from time to time mandate certain requirements for access to the Facility and Services in order to comply with local health orders and applicable laws. We will notify you of any such requirements with as much notice as reasonably practicable. Any such requirement will be implemented in order to ensure the health and safety of our Members, users, staff and contractors.

9.3 You are required to bring a towel and grip socks to classes. We may not permit you to participate in a class if you do not have this equipment.

9.4  You must not use our facilities if you are infected with, or have been in close contact with a person with, a serious infectious disease, including but not limited to COVID-19,influenza, pertussis (whooping cough), novel coronavirus,

measles, mumps, rubella and meningococcal disease polio.

Pregnant women and children are at high risk of developing complications from such diseases. Accordingly we may ask you to leave or not attend the Facility or our Services if we reasonably suspect that you may have, or may have been in close contact with a person who has, a serious infectious disease.

9.5 Each time you use our Services, you promise us that:

(1) you are in good physical health;

(2) you will take reasonable precautions to protect yourself and others (including any child who accompanies you in our Facility) from injury; and

(3) you do not know of any medical or other reason why you cannot or should not do active or passive exercise.

9.6  The member obligations in this condition 9 apply to each

different category of membership and each person that attends our Facility or uses our Services even if that person is not a Member.

10.  Your wellbeing is important to us

Seeking advice from a Health Care Professional

10.1 Active Collective staff and contractors are not medically trained. They

are not qualified to assess if you are in good physical condition and can exercise without risking your health and safety or that of any person you bring into the facility.

10.2 It is important that you consult your health care professional prior to starting any exercise program to ensure that you are mindful of your current health and any limitations or modifications that are appropriate for you.

10.3 If you experience any changes to your physical condition, or if you have any doubts as to your health, we strongly urge you to seek advice from a qualified health care professional.

10.4 All Pre and Post Natal clients are required to see either a women’s health physiotherapist and or seek clearance from their health care provider before commencing or resuming any exercise program at Active Collective.

10.5 If you are pregnant, you are required to obtain consent from

a qualified healthcare practitioner before using any of the

services provided by Active Collective.

Physical Conditions

10.6 You acknowledge there is risk involved in accessing and participating in the Services. Exercising may involve the risk of injury and you exercise with us at your own risk.

10.7 Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, immediately stop what you are doing and notify a staff member.

Prenatal and postnatal training

10.8 If you are pregnant, we recommend that you regularly consult your health care professional (for example, your GP, obstetrician or midwife) to ensure that you and your baby are healthy to train with us throughout your pregnancy.

10.9 If you have recently given birth (within 6 weeks post- partum) we recommend that you consult your health care professional (for example, your GP, obstetrician or midwife) prior to commencing or recommencing any exercise program. You must consult your health care practitioner after your baby is born and prior to recommencing use of our Services, to ensure you may safely access our Services.

Health status

10.10 Each time you use our Services you promise us that:

(1) you are in good physical health;

(2) you will take reasonable precautions to protect yourself and others (including any child who accompanies you on our premises) from injury; and

(a) you do not know of any medical or other reason why you cannot or should not do

active or passive exercise.

GENERAL TERMS

11. Photography

11.1 From time to time we may take photos and videos of you accessing our Services or training with us and using our Facility, for use in our promotion and marketing activities. You consent to us taking photos and videos of you and using your image for promotion and marketing purposes, including posting images to our Website, social media pages, advertising materials and other publications.

11.2 You acknowledge that if you bring your child to our Facility, they may appear in photos and videos that we take of you and others or that others take within our facility. You consent to your child appearing in any photos and videos which may be taken while they attend our Facility, however we will not use any images of your child(ren) for promotion and marketing purposes, or for any other purpose, without first obtaining your consent .

11.3 We will take reasonable steps to securely store any photo or video containing your image (or in the case of your child(ren), your child(ren)’s image). We will not, and will

ensure that our employees and contractors do not, use such photos or videos for any unauthorised use.

11.4 You release and indemnify Active Collective , its agents, officers and

employees from any claims arising out of or in connection with the use of your image (or in the case of your child, your child’s image) permitted by these Terms.

12 Privacy

12.1 When you become a Member or otherwise access our Services or Facility, you may be required to give us personal information.

12.2 Personal information may include (without limitation) information regarding your contact details, method of payment and nominated bank account, age, height and

weight.

12.3 With your consent we may also collect personal information which relates to your physical health or condition, including (without limitation), when you complete our pre-exercise questionnaire, so that we can assess your general health, wellbeing and your readiness for physical exercise. If you do not provide this information, you will not be able to use our Facilities or Services.

12.4 If we believe you have any health issues or if our pre- exercise questionnaire is not fully completed, we may require you to obtain a medical certificate before we

consider your application further.

12.5 In order to perform our Services, we may disclose some of your personal information to our related bodies corporate and to other persons involved in providing the Services to you, including the Allied Health Service Providers. Should you default on payments of Membership Fees, we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you.

12.6 We will not share your personal information without your consent unless we are required to do so by law.

12.7 If you engage any of our allied health providers to provide Allied Health Services to you, you consent to us sharing your personal information with the relevant Allied Health Provider. If you do not consent to us sharing your personal information in this manner, please let us know, however in that case, our Allied Health Service Provider may not be able to provide the relevant Allied Health Services to you.

12.8 Personal information is generally disclosed on a confidential basis to service providers and contractors to enable them to effectively provide services to us. In addition to this, we may rely on your personal information to send updated information and other promotional content to you (unless advised otherwise). Other than what is detailed in these Terms, we will not disclose your personal information without first obtaining your consent, unless we are required by law to do so.

12.9 We may use your personal information to send you newsletters and other promotional materials relating to our Services and Facility and from time to time, opportunities and offers that we consider may be of interest to you. You may unsubscribe from receiving these promotional communications at any time. If you unsubscribe, we will still need to contact you from time to time in connection with the administration of your Membership or in connection with these Terms.

12.10 You agree to your personal information being used and/or disclosed for any reasons given to you by Active Collective  from time to time.

12.11 If you do not allow us to collect your personal information, we may not be able to provide you with our Services or administer your Membership.

12.12 Please let us know if your personal information needs to be updated at any time.

13 Intellectual property rights and permitted use of the Content.

13.1 The Active Collective name, programs and the content, including (without limitation) the video content, pdf downloads, resource material, online content, trademarks, names, logos, sounds, images, graphics, text, software, software

code, tools, results derived from the use of software and tools, interfaces, website structure, copyright works and materials displayed on it, its layout and design (Active Collective Content) is protected by copyright, trademark and other intellectual property laws, unless expressly indicated otherwise on the Website (Active Collective IP). All rights, title and interest in and to the Active Collective  IP are owned, licensed or

controlled by Active Collective.

13.2 Active Collective grants you a personal, limited, revocable, non- exclusive and non-transferable licence (without a right of sub-licence) to use the Active Collective IP solely to the extent required to enable you to use our Services. This means that you may access, view, listen to, use and print this Website and the Content solely for your personal, non-commercial use. Otherwise, to the extent permitted by law, no part of

the Content or the Active Collective IP may be reproduced, reused, re-transmitted, adapted, published, broadcast or distributed without our prior written consent.

13.3 You must not:

(1) use any part of the Content for any commercial purpose;

(2) transfer, transmit, sublicense, loan, lease, sell or distribute Content containing Active Collective IP to any other person;

(3) reproduce, copy, imitate, modify or otherwise use any of the Content, in whole or in part, in a manner that is reasonably likely to infringe our

rights in the Active Collective IP, without prior written

permission from us or our licensors; or

(4) use the Website or the Content in any manner or for any purpose which is unlawful or which is otherwise prohibited by these Terms.

13.4 The following are examples of conduct that are not authorised by these Terms:

(1) publishing or posting any of the Content on any other website, but excluding your personal social media pages.

(2) providing third parties who are not members of Active Collective with passwords or login details to enable them to access any of the Content;

(3) using the Active Collective’s  logo or trademarks, the phrase

“AC”, “ Define your Core, “Move with us”, (or anything substantially similar), to

describe, market, endorse or promote any goods or services (including goods and services similar to the Services); and

(4) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or

endorsement by, Active Collective.

13.5 If you breach these Terms, your rights to access and use our Content and Website will cease immediately and you must, at our option and at your expense, return to us or

destroy any copies of the Content that you have.

13.6 You agree to notify Active Collective in writing promptly upon becoming aware of any unauthorised access to or use of the Website or any Content by any party or of any claim that the Website or any of the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any third party.

14 Use of our Website

14.1 When using our Website you must not:

(1) do anything that interferes with or adversely affects the normal operation or integrity of the Website (including the ability of other users to access the Website);

(2) use the Website in a way that is unlawful or breaches the intellectual property, privacy or other rights of any other person;

(3) introduce viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful;

(4) attempt to gain unauthorised access to our Website, our servers, computers or databases;

(5) perform any indexing, scraping or data mining of the Website; and

(6) use the Website other than as expressly permitted by these Terms or in a manner

authorised by us.

14.2 We may modify, change, suspend, limit or discontinue all or any part of the Website at any time without notice. From time to time we may also need to interrupt access to the Website to perform maintenance. We do not guarantee that our Website will always be available or access will be uninterrupted. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

14.3 This Website may contain links to other websites, which are provided for convenience only. We have no control over those linked websites or the services made available through them and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to the home page of our Website, provided you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request.

14.4 All Content is provided in good faith. Although we make reasonable efforts to update the information on our Website, you acknowledge that the Content may not be the most current knowledge. To the extent permitted by law we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or reliable and we make no guarantees of any specific result from use of the Content

14.5 You acknowledge and agree that any health information provided on the Website is intended for general consumer understanding and education only, and is not intended to be and is not a substitute for professional medical advice. The use of or reliance on any information provided on this Website is solely at your own risk.

14.6 We are not liable for viruses and technological attacks. We do not guarantee that our Website or the Content will be secure or free from bugs or viruses. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

14.7 We do not warrant and cannot ensure the security of any information which you transmit to us through the Website. Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

14.8 We will try to make sure our Services and Website are available to you when you need them. However, we do not guarantee that our Services or Website will always be

available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services or Website without notice. We will not be liable to you if for any reason our Services or Website are unavailable at any time or for any period.

15 Liability

15.1 Exercising and the use of our Services and Website may involve the risk of injury and you access our Facility, exercise and use our Services and Website at your own

risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member or seek medicate assistance. By entering into this Agreement, and using our Services and Website, you accept these risks.

15.2 If you are pregnant, you are required to obtain consent from a qualified healthcare practitioner before using any of the services provided by Active Collective including any services provided by third parties engaged by Active Collective.

15.3 We will not be liable for any injury you sustain in the course of exercising or engaging in any recreational activities as part of your use of our Services or our Facility, except to the extent caused by our gross negligence. In this condition:

(1) injury includes:

(a) any form of personal injury, including death;

(b) physical or mental injury;

(c) the aggravation, acceleration or recurrence of a physical or mental injury;

(d) the contraction, aggravation or acceleration of a disease; and

(e) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, resulting from our failure to comply with a guarantee under consumer protection legislation.

(2) gross negligence in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission; and

(3) recreational activities means your participation in

a sporting activity or a similar leisure time pursuit

or your participation in any other activity that

15.4 To the extent that our Services consist of recreational services or recreational activities within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation, you acknowledge that participating and using those Services may involve risks, including of personal injury and death. Prior to participating in or using those Services, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other members and risks that are not known to you or are not readily foreseeable at the time. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation.

15.5 We will use reasonable care and skill in providing our Services and in operating and maintaining the Website. However, without limitation to conditions 15.3, 15.4 and

15.6 and your statutory rights in relation to the supply of services which cannot be excluded or limited, to the maximum extent permitted by law:

(1) we exclude all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to our Services and Website; and

(2) neither we nor any of our related bodies corporate, their officers, employees, contractors or agents will be liable for any losses, or direct, indirect, consequential, incidental or special damages of any kind out of or in connection with your use of our Services or this Website.

15.6 Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including under the Australian Consumer Law) which cannot by law be excluded, restricted or modified. If such legislation applies, to the extent possible we limit our liability in respect of any claim to, at our option:

(1) if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or

acquiring equivalent goods; or

(2)     if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

 16 Indemnity

You agree to indemnify and keep indemnified Active Collective, our officers, employees, contractors and agents against any third party claims and all losses, liabilities and expenses (including legal costs on a solicitor and own client basis) suffered or incurred by us arising out of or in connection with any breach by you of your obligations under these Terms or any act or omission involving your wilful misconduct or negligence, except to the extent that we contributed to any such loss, liability or expense.

17 General

17.1 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

17.2 If a provision of these Terms is void, illegal or unenforceable, it will be deemed severed without affecting the enforceability of the other terms.

17.3 We may transfer our rights and obligations (or both) under your Membership Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a Member. If the other organisation fails to provide the same (or equivalent) facilities and services as we provided, you may terminate your Membership Agreement with effect from the end of the current billing period (that is, with effect from the date for which your Membership Fees are paid up until).

17.4 These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of that state. If you access the Services or

Website from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.

If you have any questions about our Services, a Membership or these Terms, you can contact us by email amanda@activecollective.com.au.