MEMBERSHIP TERMS AND CONDITIONS (Inclusive of: Rules of the club, Direct Debit Arrangement and Privacy Statement)
Valid from February 2010 – CorporateBoxGym.com.au

THIS IS AN IMPORTANT DOCUMENT - PLEASE READ IT CAREFULLY

Thank you for becoming a Corporate Box member.
With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through this Form carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in this Form and anything you have been told at the club or over the telephone, the terms in this Form will prevail unless staff members acknowledge discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a contract to rectify any miscalculation reflected within the Application and Contract and you, as the member, have a 7 day comfort guarantee whereby you may cancel the Application and Contract on written notice. Please refer to Paragraph 11 (Comfort Guarantee).
The Form is broken up into the following sections:
Part A - sets out the process for becoming a member and the formation of a Contract, and the terms and conditions of your membership.
Part B - sets out the key Rules at the Club. Please also refer to other signage and handouts.
Part C - sets out the Direct Debit arrangements regarding payment of your membership and their fees. It forms part of your Membership Application and Contract.
Part D - sets out the Privacy Statement and Acknowledgement.
You should read this document carefully before you agree to become a member of Corporate Box and keep it in a safe place to refer back to from time to time. NOTE: If, after agreeing to become a member of Corporate Box, you decide you do not wish to proceed, please refer to Paragraph 11 (Comfort Guarantee). If you do not understand something in this Form, please ask Management or call (07) 3357-7108. Please be advised that these Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Paragraph 21 (Change of Rules/ Operations). Please note: the most up to date Terms and Conditions Form and Rules will always prevail after the outlined notified period.

DEFINITIONS
In these Membership Terms and Conditions the following definitions apply:
Corporate Box, Company, The Club, we, us, our means: Shaggy Pty Ltd T/As Corporate Box
You, your means: the member of Corporate Box Gym
Contract, Application, Agreement means: the Application and Contract between Corporate Box
and you under which you will become a member of Corporate Box
Minimum Term means the term specified in the Application and Contract form
Rules means the rules regulating the operation of equipment, opening hours, behaviour in the club specified in signage and handouts

PART A - MEMBERSHIP TERMS
1. CONTRACT FORMATION - a contract arises between us once the Contract has been signed and we accept the Contract. This Contract will be governed by the laws of Queensland.
2. ACCEPTANCE BY CORPORATE BOX OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this Form and anything you have been told at the club or over the telephone, the terms in this Form will prevail unless staff member acknowledges discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify any miscalculation reflected within the Application and Agreement.
3. CLUB ETIQUETTE - You must comply with the Rules. You must ensure you read, understand and abide by the Rules outlined for the Club in both signage and handouts.
4. MEMBERSHIP ENTITLEMENT - As soon as a Contract is formed in accordance with Paragraph 1 (Contract Formation), acceptance of this Contract by us which we are not obliged to do, please refer to Paragraph 7 (Right of Admission), and subject to your rights in relation to the 'Comfort Guarantee' period, you will be bound by these Membership Terms not dependent on the amount of times you utilise the Club. As a member you are entitled to use the facilities of the Club only during the specified times and only for the term of this membership subject to meeting these Membership Terms and the rules applicable. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and subject to law.
5. MINIMUM AGE - Membership is limited to persons who are at least 16 years of age and 24 hour access membership is limited to persons who are at least 18 years of age.
6. ACCESS TO CLUB - You are required to be issued with an Access Card when joining and have your photo attached to your account via our digital membership tracking system. Entry to the club without a valid Access Card is at our discretion (photo ID will be expected). You must not loan your Access Card or permit its use by anyone other than you. If you are found to have loaned your Access Card or permitted its use by anyone other than you, we reserve our rights to immediately terminate your membership. Your Access Card remains our property and should be returned to the club on termination. We require a $20.00 security deposit for your Access Card. If your Access Card is lost or mislaid, we will issue a replacement card and your deposit will be sued to set off the cost of a replacement Access Card. You will then be required to provide a further $20.00 security deposit. This will occur each and every time you require an additional Access Card. Your $20.00 security deposit will be refunded to you when you had in your Access Card upon termination of your Membership. Any damaged cards will not be accepted. Deposits may be used to set off against any outstanding fees due.
7. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings for any breach of these Membership Terms and Conditions or failure to comply with club Rules or acting unreasonably will result in a 1st warning. Should a second warning be required, then immediate cancellation of your membership will be made.
8. PAYMENT OF FEES -

(a) MEMBERSHIP FEES -All continuous memberships are paid either weekly, fortnightly or monthly in advance. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable). At this time a merchant service fee of 4% is applicable to payments made from American Express and Diners Club International credit card accounts. If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you. (Please see the discussion relation to late fees outlined in Clause 11). We will use reasaonble endeavours to give written notice to the most current address you have supplied at least one fortnight prior to this occurring. Notice may also be given via telephone or face to face. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to this debits faults.

(b) SUSPENSION FEES - We charge a suspension fee as outlined in your Membership Contract and/or Direct Debit Agreement if you wish to suspend your membership for a term. The suspension fee will be direct debited on the same terms as your membership fees. For any one suspension term, the minimum term for suspension is one month and the maximum term for suspension is 6 months. You are only offered one suspension term in any 6 month period. Your contract will be extended by the length of your suspension terms.

(c) CANCELLATION FEES - You are entitlted to terminate your contract prior to the termination date of your contract by giving us notice in writing of your request to terminate your contract early. Termination will be effective fourteen (14) days after we receive written notification of same. We will charge a cancellation fee as outlined in your Membership Contract and/or Direct Debit Agreement upon the termination of your contract which may be paid up-front or on the same terms as your membership fee direct debit instalments until the cancellation fee is paid in full.
9. SET-UP FEE - Is a fee used for all set up costs of a new or renewing membership. This fee is non refundable, even if you choose to cancel your membership in your Comfort Guarantee period. Please note: the amount is outlined on the front of your Membership Contract.
10. PRE-PAID MEMBERSHIP
UP-FRONT MEMBERSHIPS - As an alternative to a continuous direct debit membership you may choose to purchase a 6 months or 12 month membership by way of upfront payment of fees. You may renew your membership upon payment of the membership fees and administration fee current at the time of renewal. Your renewed membership will be on the membership terms current at the time.
11. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, access to the Club will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction, as outlined by your relevant bank, and recovery costs of up to $50 may be charged). Any monies outstanding for other services in the club may be automatically deducted from the supplied account/credit card details if not paid at the club. PLEASE NOTE: we will not allow you access until full direct debit details are provided.
12. COMFORT GUARANTEE - You have a 'comfort guarantee' period of 7 days commencing on the date a Contract is formed. If you wish to utilise this period to cancel your membership, you are required to tell us in writing that you want to cancel your membership during your Comfort Guarantee Period. We will cancel your Contract and refund to you your initial payment less the administration fee. After the Comfort Guarantee Period ends, you are unable to terminate your membership.
13. REFUNDS - You have a 'Comfort Guarantee' period which commences on the date the contract is formed and will end 7 full days after this period where you will be refunded your initial payment less the administration fee - if you decide you do not wish to proceed with your membership application. This request must be made in writing within this period. After this period you are not eligible for any refund of money which you have paid to us for any reason.
14. MEMBERSHIP FEE INCREASE - We reserve the right at any time, after a minimum period on a contract, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current address you have supplied at least one month prior to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise the Company to increase any direct debits to your credit card or bank account which you have authorised upon joining.
15. DEFERRED PAYMENTS - Where joining fees or other fees have been deferred (as shown on your membership agreement), you hereby authorise us to increase direct debits to your credit card or bank account which you have authorised accordingly for the number of instances shown on your membership agreement until those deferred fees are paid in full.
16. OPERATING HOURS - The Club's operating hours are available upon request at the Club, visiting CorporateBoxGym.com.au or by calling (07) 3357-7108.
17. CHANGE OF RULES/OPERATIONS - We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by the Club from time to time. Any such additions, deletions or changes will be notified to you through either the newsletter published from time to time by us and/or notice in the club or to your last known address in writing or by phone with at least 30 days notice. If at any time the operations or services of a club are temporarily or permanently suspended for any reason, we may cancel your membership. Subject to any applicable law, you won't have any other claim against us if this happens.
18. COMPLAINTS & FEEDBACK – We will endeavour at all times to assist you with any concerns you may have. The initial complaint is always directed immediately to Management whose role it is to contact you within a week (where possible) to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the Owner who will in turn contact you.
19. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.
20. GUIDANCE - You have an opportunity to try Personal Training at a reduced rate or attend a complimentary orientation on joining the club. Should you choose not to do so, guidance may not be offered whilst you exercise in the club. If you believe that there is a risk to your health by participating in any of the fitness activities offered at the club, you must inform us in writing of that risk and give full details of the risk. You will update your details and let us know if your medical condition changes after you join us. We may, at our discretion, deny your membership application until you receive medical clearance from your doctor to proceed with an exercise program at the club and/ or until you have received advice as to an appropriate exercise program. We strongly recommend that medical clearance is obtained prior to starting any form of exercise.
21. RISK WARNING -It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided by Corporate Box, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.
22. RESPONSIBILITY FOR DAMAGE - You are responsible for any damage which you or your guest may cause to the club facilities, if such damage is caused by your wilful act or negligence.
23. CONTRACTORS* - Some contractors and franchisees provide some of their services, such as personal training and massage. Fees for services are paid directly to these contractors and franchisees. We take no responsibility for the fees paid to these contractors and franchisees. Any claim which you might have as a result of an act or failure to act by such a contractor or franchisee (whether or not payment has been made to the contractor or franchisee) will be brought against, and will be the responsibility of, that contractor or franchisee and not us. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor or franchisee in the club. We will at all times assist, where possible, to resolve any conflict or issues with contractors and will ensure that relevant qualifications and insurances are kept up to date for all Personal Trainers. *Corporate Box Gym must give written permission for any contractor or franchisee to work on the premises.
24. IMAGE - By signing this Application and Agreement you consent to us using your image in any promotion or other material in relation to the business. Please note: this is only applicable if you are filmed in the background.
25. YOUR PHYSICAL CONDITION - You promise and represent on the date of the Contract, and repeat such warranty and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Fitness First staff and many contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition. We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your or your guest's ability to engage in active or passive exercise. You shall not use any Club facilities whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
26. CLAIMS – You cannot seek any reduction in your membership fees because your club is closed on a public holiday.
27. UNENFORCEABLE CLAUSES - Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions. NOTE: The Contract will be subject to Australian Law and the Courts of Australia will have jurisdiction over any disputes in relation to it.
28. CONTRACT TRANSFER BY CORPORATE BOX GYM - We may assign or transfer the benefit of the contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Contract.

PART B - RULES OF THE CLUB

LOCKERS - Lockers are provided for use whilst exercising & will be cleared daily once the club is closed. Please be advised that the lockers provided are not security lockers and therefore we request all valuable items are carried. Whilst care is taken to safeguard locker contents, thefts can occur. Please be aware that we do not accept responsibility for any loss or damage to property that occurs as a result of unknown persons breaking into lockers or where items are not placed in lockers. When using lockers, please ensure that the locker key/card is secure at all times on your person. Should a locker key be lost or contents be left in a locker overnight, there is a $25 charge for replacement of the key and $50 for return of items. If your belongings are left in a locker, they may be removed and we will take no responsibility for loss or damage. Please note: all lost property and locker belongings will be given to charity on a monthly basis.
CLOTHING & HYGIENE - We require all members and guests to wear suitable clothing (non-offensive) and appropriate enclosed sporting footwear when visiting any of the exercise areas. It is also paramount that personal hygiene is considered when visiting Corporate Box, so it is appreciated that everyone wears deodorant and is aware of their own body odour.
TOWELS - We require all members to use clean towels to lie on when using equipment (including mats) at all times.
VEHICLES - vehicles and their contents, parked in any club car park or elsewhere on the premises of any club are left at the owners risk and we will accept no liability for loss or damage.
TIME LIMITS - You must adhere to parking and equipment time limits. Violation of limits may incur fees as decided by us from time to time.
ADDITIONAL SERVICES - We offer additional services such as Personal Training, Massage etc. These services do not form part of the Contract and will incur separate fees and have separate agreements.
EACH VISIT - Access to the club will only be granted to you upon presentation of your access card and (if requested) photo identification. Locker keys and towels (where issued) are your responsibility and must be returned prior to leaving the club. If you lose your access card, locker key or towel, there will be a replacement charge.
GUESTS - Guests may enter the club on payment of a fee determined by us from time to time. Guests must sign the Guest register, complete a "Welcome to Corporate Box" form (on their first visit) and show a form of photo identification. Guests are subject to the Rules and Terms detailed in the Guest Register and Welcome to Corporate Box form. The number of visits by a guest to a club is at our sole discretion. All guests must be at least 14 years old and be accompanied by you and must leave when you do. All members and guests are required to acquaint themselves with signage and brochures for additional key Rules located throughout each club.

PART C - CUSTOMER SERVICE AGREEMENT
Our commitment to you
This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Corporate Box and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.
Initial terms of the arrangement
In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for your weekly / fortnightly / monthly club dues as defined in your Membership Application and Contract.
Drawing arrangements
Weekly / fortnightly / monthly drawings under the Direct Debit arrangement will occur on the relevant cycle as stipulated in you Direct Debit Agreement. If drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account. We will provide you with at least 30 days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any changes to the initial terms please contact the club. If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding membership drawings on or before the next Direct Debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.

YOUR RIGHTS

Changes to the arrangement
If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to both the Club and your financial institution including details of all changes requested.
Enquiries and Disputes
Should you wish to discuss these arrangements, including any possible disputed amounts, please call the Club or your financial institution directly. Where disputes are referred to us, we will endeavour to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.
Your commitment to us
It is your responsibility to ensure that:
Your nominated account can accept direct debits (your financial institution can confirm this); and
That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and
That you advise us in advance if the nominated account is to be transferred or closed. That if you are paying your fees by credit card, you advise us of any changes to your credit card information, i.e. expiry date, or number.

PART D - PRIVACY STATEMENT AND ACKNOWLEDGEMENT
In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). Corporate Box will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is available on CorporateBoxGym.com.au or can be sent to you on request in writing via our contact form.