You are accepting this agreement by either signing and/or submitting this form by checking a box and/or signing at the end of this agreement and/or by attending our premise and/or premises.

Exclusion of Liability, Release and Assumption of Risk for all locations and associated companies below;

Live Well Rouse Hill Pty Ltd (ABN: 70 630 701 709) Tenancy 2, 4 – 6 Commercial Road, Rouse Hill NSW 2155)

Live Well Eastern Creek Pty Ltd (ABN: 66 631 281 662) MM1, 159 Rooty Hill Road South, Eastern Creek NSW 2766

In consideration of being able to attend our facilities or participate in activities conducted by us (including participation in activities conducted by others), you agree:
to conduct yourself in a safe manner and to take reasonable precautions in order to protect your own safety as well as the safety of other members, staff and guests
to indemnify, forever discharge and voluntarily release us, our employees, agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with us against all liability (including liability for their negligence and the negligence of others), claims, demands and proceedings arising out of or connected with the provision of the membership services and your participation in any activities;
that our liability and the liability of our associated entities and its directors is governed solely by the Australian Consumer Law and that we exclude all conditions and warranties implied by custom, law or statute except for rights, warranties, guarantees and remedies relating to the provision of services which cannot be excluded, restricted, or modified; and
to attend or participate at Live Well Health Clubs at your own risk to the fullest extent of the law.

You acknowledge that: the risks associated with attending or participating include but are not limited to;
collisions, trips and falls with other persons or property or structures;
acts of violence and other harmful acts (intentional or inadvertent) by persons attending or participating at Live Well Health Clubs;
the failure or unsuitability of facilities (including exercise equipment, floors, guards, the building and associated structures) to ensure the safety of persons or property at Live Well Health Clubs at any location in Australia or Globally.
Exercise is demanding by nature and there are inherent risks associated with an exercise programme and the gym environment. Participating at our premises may cause serious injury, paralysis or death. It is your responsibility to ensure you are fit and proper to engage in activities at Live Well Eastern Creek Pty Ltd and/or Live Well Rouse Hill Pty Ltd and seek medical advice if required.
In consideration of being granted a membership you agree to accept this release and agree to be bound by it. By checking the box and/or signing this document and/or signing a debit agreement and/or receiving this document via email you are accepting all responsibility to the fullest extent of the law for injury caused to you, by others or yourself, through accident or negligence. You release and indemnify us, our directors, servants, agents and associated entities, against any action or claim arising from the use of your membership or participation at Live Well Health Clubs, Live Well Eastern Creek Pty Ltd and/or Live Well Rouse Hill Pty Ltd.

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I/We have read and understand that my rights are limited by this Disclaimer.

Membership terms and conditions

These Terms and Conditions as well as your Membership Application Form will constitute your Membership Agreement with us under which we will supply the membership services and related products to you. We may supply the membership services to you using our employees, contractors, and third-party providers, and they are included in these Terms and Conditions. These Terms and Conditions apply to any type of membership or participation in activity at Live Well Health Clubs e.g., direct debit memberships, paid in full memberships, casual visit memberships, martial arts memberships, or any external programs operating within Live Well Health Clubs.
Your completed membership application indicates that you have had sufficient opportunity to access these terms and Conditions, contact us, that you have read, accepted, will comply with these Terms and Conditions and that you are 18 years or older, or have the consent of a legal guardian or guarantor who is 18 years or older.
You are not able to apply for membership services from us if you are under 18 years of age and do not have the consent of a legal guardian or guarantor who is 18 years or older. If you do not agree to these Terms and Conditions, you should not apply for membership services from us.
We will provide a confirmation of membership when you apply for membership with us. It is your responsibility to check your membership details, including pricing, before you submit your application. It is your responsibility to keep your membership details confidential including your username and password required for any access to Live Well Health Clubs services e.g., Group Fitness booking system. You are liable for all activity on your membership account, including purchases of additional services or products. You will immediately notify us of any unauthorised use of your account.

Definitions

“You”, “Your”– Refers to the person named on the Membership Application Form, as well as the person named on the “Join the Fam”, “Club Tour” “Casual Visit” or “Maintenance” online form.
“Live Well Health Clubs”, “Company” “we”, “us”, and “our” – Refers to Live Well Rouse Hill Pty Ltd (ABN: 70 630 701 709), Live Well Eastern Creek Pty Ltd (ABN: 66 631 281 662), and any other related body corporate or any future nominee.
“Club”, “Clubs”, “premises”, “location”, “facility” – mean the fitness centres and health clubs owned or operated by us from time to time.
“Direct Debit Authority” and “Third Party Biller” and “Biller “means your authorisation for us (or the third party nominated by us e.g.: Debit Success) to periodically draw funds from the account or credit card listed in your Membership Application Form to pay all your liabilities under this Agreement
“Instalments” mean the weekly instalments of the Membership Fees which are direct debited from your nominated account or credit card (including any direct debit processing fees).
“Fixed Term” means the minimum membership term for the relevant Membership Plan which you have specified in the “Membership Details” section of your Membership Application Form e.g.: 12 month or 1 month term
“Periodic Term” means the term that follows on from the expiry of a fixed term
“Casual visit” means a one-time membership, pre-paid at the facility
“Paid in Full” membership means a membership purchased for a specified pre-paid fixed term
“Membership Fees” means the fees advised to you by us for the relevant Membership Plan specified in the “Membership Details” section of your Membership Application Form as varied from time to time by these Terms and Conditions.
“Membership Plan” or “Membership Service” means the category of membership specified in the “Membership Details” section of your Membership Application Form, being

VIP (24/7 Gym Access, plus Sauna Access for over 18 years old); or
FAMOUS, Group Fitness (24/7 Gym Access, plus Sauna Access for over 18 years old, plus access to Group Fitness Classes for those over 14 years old); or
Martial Arts, POWER, POWER YOUTH, Group Fitness Kids Martial Arts, Adults Martial Arts (24/7 Gym Access, plus Sauna access for over 18 years old, plus access to Group Fitness Classes for those over 14 years old, plus access to Martial Arts programs for those over 4 years of age); or
FITNESS PASSPORT (24/7 Gym Access, plus Sauna Access for those over 18 years old, plus access to Group Fitness Classes for those over 14 years old, plus access to Martial Arts programs for those over 4 years of age); or
CASUAL visit in any of a, b, or c;
any other categories of membership determined by us from time to time.

“Student” means any person enrolled in a primary, secondary or tertiary institution. Secondary and Tertiary students are required to present a current student card from their institution to verify this status.
“Staff” means employees, contractors, consultants or agents engaged by us who work at the Clubs.
“website” means the webpage found at www.livewellhealthclubs.com.au

Code of Conduct:

By applying for a membership with us you are agreeing to comply with our code of conduct when using our services. You agree:
if you are under 18 years of age, a guarantor/parent/guardian has consented to your participation at Live Well Health Clubs;
that you will use a towel on equipment. Wipe down any equipment used with sanitiser and/or antibacterial wipes;
to respect our equipment and facilities by ensuring you leave equipment as you found it, always using an antibacterial wipe to wipe down equipment after use, and reporting any maintenance requirements, cleaning requirements, or any misuse or damage to our equipment or facilities as soon as possible;
to take responsibility for your own belongings. Please do not bring any valuables with you. Unfortunately, things can go missing and it is your responsibility to look after your belongings;
to wear suitable clothing at all times when using our facilities. Covered shoes must be worn at all times except were instructed by a staff member;
that parking at or near our premises is at your own risk;
to respect and be courteous to all members, guests and staff of Live Well Health Clubs;
that we will not tolerate rude or offensive behaviour;
to swipe your fob key upon entry and comply with any additional requests e.g., digital check in, temperature check, scanning QR codes where required;
that you are legally authorised and medically approved to enter and use the facility and its services and equipment;
to communicate via email or mobile phone (details can be found on our website) for any concerns or requirements. Our main form of communication is via social media and you are encouraged to look on our social media regularly for any updates, including closures, changes to group fitness timetable, or changes to staffed hours etc; and
to inform the staff/trainer on duty of any medical of health conditions which may affect your ability to use the services
Any breach of this code may result in the suspension or termination of your membership.

I/we agree to abide by the Code of Conduct.

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Your Membership

You are entering into a contract for the Membership Plan and/or Membership Service specified on your Membership Application Form and/or. We may at our discretion accept or reject your application depending on factors including availability and our ability to validate payment for the services.
If your Membership Plan is for a Fixed Term then by signing and/or submitting your Membership Application Form to us you agree to pay your Membership Fees either:
on the Start Date in full; or
in Instalments by direct debit for the duration of the Fixed Term.
At the expiry of the Fixed Term, unless you apply for another type of Membership Plan, your Membership Plan will be automatically transferred to a Periodic Membership (as defined in clause 17) and you will be liable to pay your Membership Fees for the Periodic Membership weekly in advance by direct debit. You acknowledge those Membership Fees and associated terms and conditions may be varied in accordance with Cancellation and Suspensions clauses).
If your Membership Plan is not for a Fixed Term e.g., a causal visit, visitor pass, a paid in full membership, or a weekly Membership Plan with no minimum period (Periodic Membership), then by signing and submitting your Membership Application Form to us you agree to pay your Membership Fees either:
on the Start Date in full; or
weekly in advance by direct debit.
At the expiry of the Periodic Membership, your Membership Plan will be automatically renewed for a further Periodic Membership and you will be liable to pay your Membership Fees for the further term(s) in advance on or prior to the expiry of a current Periodic Membership.
If your Membership Plan requires you to meet certain eligibility criteria (e.g., Student Membership) and you become ineligible to hold that Membership Plan, you agree to notify us, and agree that your Membership Plan will be automatically renewed for a similar Membership Plan which you are eligible for, using the existing payment methods provided to us. We will provide 14 days’ notice prior to this change.
If you do not want your Membership Plan to be automatically transferred or renewed then you must provide us with written notification of cancellation pursuant to clauses 68 and 69.

Discount Codes and Promotions

We may from time to time offer promotional discount, or membership offers which may be applicable to you. The conditions of use relating to any discount code will be specified at the time that it is issued.

Other Services

There may be other services, including personal training services offered at our facilities by third parties. The services offered by third parties do not form part of your Membership Fee and you will need to pay for these separately. Any personal trainer you engage, please engage at your own risk.

Safeguarding Children

You acknowledge that Live Well Health Clubs is committed to creating and maintaining an environment that ensures all people involved in Live Well Health Clubs activities, programs or services act in the best interests of children, young people and vulnerable adults, and take all reasonable steps to ensure their safety, welfare and wellbeing.
There is a requirement for all Live Well Health Clubs employees, volunteers (including its Board of Directors), student placements, consultants and contractors, affiliated associations, clients, parents, guardians, families and others associated with the Live Well Health Clubs to understand the important responsibility they have to:
Protect children, young people and vulnerable adults from all forms of abuse, bullying and exploitation by our people;
Be alert to incidents of abuse and neglect occurring outside the scope of our operations and services that may have an impact on the children, young people and vulnerable adults to whom we provide a service; and
Create and maintain a safe culture that is understood, endorsed and put into action by all the individuals who work for, volunteer or access our programs and services.
No photography is permitted within the centre without prior management consent.
All incidents that you are involved in or witness to must be reported to management immediately. This includes, but is not limited to concerns for a child, young person or vulnerable adult’s welfare or well-being, concerns for the safety of others, accidents, injuries, illnesses, complaints and inappropriate or suspicious conduct.

Sauna

Wet areas, such as a bathrooms and sauna may be used. However, note that these areas are unsupervised and you use them at your own risk. You must follow all signs and never run or jump.
You must be double vaccinated and show Covid certification before entering sauna.
Avoid sauna, should you be/are using/have had: during severe cold or flu, pregnant, breastfeeding, heart attack, hemophilia, drug/steroids, dermatitis, brain tumours. People suffering from obesity or with a medical history of heart disease, low or high blood pressure, circulatory system problems or diabetes should consult a doctor prior to using the sauna.
No oils and/or chemicals can be used in sauna. You will be fined $1,000.00 and prosecuted.
Please remove shoes prior to entry; footwear is not permitted in the sauna.
We recommend that you remove your jewellery prior to use, as this conducts heat whilst in the sauna
We are a family friendly club; therefore, clothing is required to be worn when in the sauna; Swimwear/Underwear must be worn at a minimum.
For hygiene reasons, a towel must be placed underneath where you sit/lay in the sauna at all times
Please consider others in the sauna, and refrain from playing music, swearing, or being disrespectful
Rubbish must be removed from the sauna.
No excessive water can be used on the sauna.

Float Tank

What to bring

You only need to bring yourself, swimwear, a hair tie and any of your personal toiletries/make-up/hairbrush that you may need for after your session. If you have come straight from work or physical exercise you might want to bring a fresh change of clothes for afterwards. We provide one towel, body products & earplugs.

When you should not be using our float service

Anyone suffering from the following is advised not to float for their own safety as well as the safety of all clients:
Epilepsy, extreme low blood pressure, cryptosporidium, contagious disease or Infectious skin conditions, including infected wounds/skin opening, large open wounds diarrhoea or Gastroenteritis (Anyone with these sorts of symptoms should not float whilst symptoms persist & for up to 21 days after).
Anyone with the following conditions is advised to check with their health practitioner prior to floating:
Heart condition, asthma, allergies to salts, bromine, magnesium, severe skin conditions (psoriasis, eczema), mental illness, psychosis, pregnancy.
All clients should be aware that advice from a medical practitioner should be obtained before using the flotation tank after recently suffering an infectious illness. If you or your health practitioner would like more information, please do not hesitate to email/ call us.

Additional terms and conditions for use of float tank services

We require 24 hours’ notice to cancel/reschedule to avoid a cancellation fee of 50% of the service booked.
Allow yourself plenty of time to get here – it’s much harder to relax into the tank if you’ve been rushing.If you are late, your float session may need to be cut short to ensure the following appointment can start on time. We recommend arriving 20 – 30 minutes early for your first session to complete your form & orientation and 5 minutes early for all subsequent appointments.
To secure your booking we ask you go through the online booking process.
We recommend allowing 1.5 hours for a 1-hour float session as we want you to take the time to relax before heading back out into the hustle and bustle.
Ensure any small cuts or scratches are covered with a clean waterproof dressing. This is for hygiene purposes as well as the fact the salty environment of the tank will cause any open cuts/scratches to STING.
Remove contact lenses and jewellery.
If you are in the early/late stages of pregnancy, receiving chemotherapy or ongoing medical treatment that we should be aware of or think you may be coming down with a cold/flu/illness.
Please do not;
Consume drugs or alcohol prior to your appointment, being under the influence of drugs or alcohol is strictly prohibited. We reserve the right to refuse treatment to anyone we suspect may be under the influence of drugs or alcohol.
Use the tanks if you are menstruating to maintain our high level of hygiene.
Shave or wax within the 12 hours prior to your session.
Drink caffeine or other stimulant drinks before your session. These will make it difficult for you to relax into the tank environment.
Have a large heavy meal in the 90 mins before you float.
Float if you have large open cuts, or have had gastro in the last 21 days.
Float straight after having hair coloured or chemically straightened or after using artificial tanning products. We ask you to wait at least 10 – 21 days after having your hair coloured, the wait time depends on the colour, (please ensure no colour rinses from your hair when washing at home) and 10 days after using artificial tanning products.
Smoke prior to arriving at The Float Room.
Take too long in the shower after your float. Please consider that we may have another client waiting & we do need to allow sufficient time for filtering & cleaning.
Take calls while you are in the treatment rooms or reception.

Under 18’s Gym and Martial Arts and Group Fitness memberships

We offer martial arts classes for children between 3 years of age to 16 years of age. Choosing a martial arts membership or any membership name or package that may offer martial arts service will allow a member aged between 3 years to 14 years of age to participate in the designated martial arts youth classes only.
Members under the age of 14 are only permitted to use martial arts membership services.

Members under the age of 14 must have parent and/or guardian and/or guarantor present on premise supervising the minor at all times.

Members 14 years to 15-year-old are only able to use free-weights and cardio equipment, unless enrolled into a group fitness class membership and/or under the instruction and supervision of a personal trainer.
Members aged under 18 years are not permitted to use the sauna.
Members aged between 3 years old and 14 years old and their parent or guardian are required to comply with our policies on attending classes and our Code of Conduct at all times. Martial Arts memberships allow use of the facility for the person named on the membership only. Any parent/guardian wishing to utilise the facility must have their own membership.
A Youth membership may be terminated at any time at the discretion of Live Well Health Clubs.
Shoes must not be worn in the martial arts room; enclosed shoes must be worn at all times outside the martial arts room and in all common areas.
You can only enter the martial arts dojo/training room with the presence of a Live Well Health Clubs employed staff member and/or contractor.
Correct uniform must be worm to all martial arts classes
Students must arrive no earlier than 10 minutes prior to class and no later than 2 mins past class start time.
Bags, shoes, and water bottles are to be kept in lockers. No food is to be bought into the DOJO/martial arts room and no liquids other than water
You must have an active paid membership to use any services
Members 14 years to 15-year-old can train at the gym during staffed hours, or during unstaffed hours when with a parent and/or guardian and/or guarantor who is also a member. Members below the age of 16 can not be on site if the conditions of this clause are not met.
Classes can be booked if enrolled into a membership that permits the service from ages 14 years old and above.
Members 16 years old and 17 years old can sign up and use any adult membership. The membership must be approved by the parent/guardian.
Members 14 years old and under must be accompanied and supervised by their parent or guardian to the martial arts room/dojo, until the Coach arrives for supervision. Parents/guardians must remain on premises.
No patron/member or person under 14 years old is permitted to walk through the gym unsupervised, is also not permitted to leave the martial arts room/dojo without a parent or guardian.
Any minor/person under the age of 14 years old left on premise without parent or guardian will have authorities notified immediately.
Any member attending a class must book via the online booking system. If unsure must seek guidance from Live Well Health Clubs.

Cancelling your membership

Subject to Clause 72, if your Membership Plan is a Fixed Term Paid in Full, or a Periodic Term, then you may cancel this Membership Agreement at any time however:
You must have given a minimum of 30 days’ notice (in advance) of your intention to cancel, via the QR code at the facility or in writing via email;
You will be charged a pro-rated membership fee for any party of the notice period which you have not paid, and you will have access to the facility during this period;
You are not entitled to a refund of any Membership Fees, Joining Fees, Fob Key or other fees paid;
If your Membership Plan is a Fixed Term paid by Instalments, then you may cancel this Membership Agreement at any time before the expiry of the Fixed Term however:
If your initial contract has ended you must have given a minimum of 30 days’ notice (in advance) of your intention to cancel via the QR code at the facility or in writing via email; you will be charged for the remaining 30 days, you will have access to the facility during the 30 days’ notice period.
If you are within your initial contract term you must have given your intention to cancel via the QR code at the facility. A $250 cancellation fee will apply for memberships within contract term.
You are not entitled to a refund of any Membership Fees, Joining Fees, Fob Key or other fees paid;
The Initial Contract Term is considered completed once payment has been received by the Company for the number of days that are outlined in the initial term. Suspension periods are not included in the number of days of the initial term. If a membership is for a 12-month initial term, and is suspended for 1 month without payment, the initial term will not be considered to be completed until Live Well Health Clubs has received 12 months of payments, and as such in this example, the membership initial term would be completed 13 months after commencing.
It is your responsibility to inform the facility of any deductions to your account after your account has been cancelled. Refunds will not be issued for any payments made to Live Well Health Clubs after 4 weeks from the cancellation date.
You agree that cancellation is not confirmed until you receive written confirmation. In the circumstance of Direct Debit membership, you will be emailed confirmation from Debit Success and you agree to take this as confirmation that your membership is cancelled and it is your responsibility to follow up with the club if this is not received and also monitor deductions after the cancellation period has ended. Live Well Health Clubs will not refund payments deducted more than 30 days after cancellation. In the instance of paid in full membership/s, cancellation is only confirmed by email or text message from Live Well Health Clubs. Any paid in full memberships are non-refundable in nature.

Paying for your membership

If you have completed a Direct Debit Authority, then by signing and submitting that form you authorise us (or a Direct Debit Authority nominated by us) to debit all Membership Fees from the nominated account or credit card in the Instalments in advance. You agree to pay all fees associated with your membership including but not limited to, the joining fee (where applicable), all membership fees for the contracted value, access key fee, and penalty fees (if applicable). You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full. All amounts are stated in Australian dollars and include GST where applicable.
We accept no liability to you for drawing funds under your Direct Debit Authority to meet liabilities under this Membership Agreement, including without limit, any additional charges imposed by your financial institution due to insufficient funds or credit in your nominated account/s.
If we attempt to draw funds under your Direct Debit Authority to meet liabilities under this Membership Agreement and the transaction fails, you agree that we can charge you an additional processing fee of $14.95 for a failed direct debit transaction.
You must not pay, or attempt to pay, your Membership Fees through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your membership may be cancelled.
If you pay your Membership Fees by direct debit, then this will be through a third-party biller (Direct Debit Authority). We will provide you with a copy of the Billers direct debit payment agreement which applies to any direct debit services. By nominating a credit of direct debit account, you authorise the Biller to deduct the Membership Fees and all other charges you are responsible for from that account.
You may increase your Membership Type at any time. To lower your Membership Type during the Initial Term you must provide us with 2 weeks’ notice. You may only lower the value of your Membership Type to the level that you originally signed up to with us, upon joining.
You are responsible for the payment of any and all penalty fees, recall fees or other fees accrued on your membership account due to arrears.

Membership suspensions

You can suspend your membership at any time in accordance with Clause 82 up to a total of 8 weeks in a 12-month period provided that:
you pay all applicable suspension fees in advance ($5 weekly);
all Membership Fees are paid up to date at the time of your notice of suspension; and
the period of suspension is for a minimum period of one (1) week, and expires in one (1) week intervals thereafter
You may suspend your membership by:
giving written notice of your intention to suspend (14 days in advance) via the QR code at the facility or in writing via email; and
paying a suspension fee as below:
$0 for the first 4 weeks of suspension in a 12-month period; or
$5 per week for every week of suspension after the initial 4 weeks taken during a 12-month period, a further maximum of a 4 weeks can be suspended when in a 12-month contract/term; or

$5 per week for every week of suspension after the initial 4 weeks for any memberships not in a 12-month membership contract/term for a maximum of 13 weeks.

The request for suspension will not be finalised until you have received email confirmation stating such. It is your responsibility to monitor the suspension of your membership and advise the facility immediately if payment is being deducted after your requested suspension date.
Refunds for any payments made to Live Well Health Clubs after 30 days from the suspension request date will not be refunded, however they may be credited to your account instead, at the discretion of Live Well Health Clubs.
Any suspension made in accordance with these terms, extends the Fixed Term for the length of the suspension, and the end date of the Fixed Term will be adjusted accordingly.
Membership suspensions cannot be backdated.

Temporary & permanent physical incapacity

If you are unable to use our Club by reason of temporary physical incapacity, for a period of more than ten (10) consecutive days, you may suspend your membership immediately for up to (three) 3 months within any 12-month period by written notice to us accompanied by a verifiable medical certificate, and do so without being charged suspension fees under Clause 82. If you wish to suspend your membership for longer than three months within any 12-month period then Clauses 81 to 86 apply.
If you are unable to use our Club by reason of permanent physical incapacity, you may cancel your membership by written notice to us accompanied by a verifiable medical certificate. If your Membership Plan is Fixed Term (paid in full) you will be refunded the balance of the term less a $250 administrative fee.
If your Membership Plan is Fixed Term (payable by instalments) we will put a stop to the Direct Debit Authority within 14 days from when written notice is received, but you will be required to pay a $50 administration charge and membership fees to the date of notification. Upon successful notification to Live Well Health Clubs your membership will be deactivated immediately.

Gaining entry to a club and access pass

Your Membership entitles you to access and use the Club and its facilities in accordance with these Terms and Conditions and the entitlements of your Membership Plan during their ordinary opening times. To gain entry into one of the Clubs:
you must have a valid access pass and swipe it at the entry (during staffed hours) or after-hours entry (during non-staffed hours) for admission; and
your membership must be current and not suspended/cancelled; and
you must not have any outstanding Membership Fees.
If your access pass is lost, stolen or otherwise missing, then you must report that to Live Well Health Clubs reception staff as soon as practical after learning of the fact. We will replace a lost, stolen or otherwise missing access pass for a charge to you of $40.

Access during certain times

Live Well Health Clubs allows access 24 hours a day, 7 days a week, however you acknowledge that Clubs can be closed due to public holidays, general maintenance, upgrade programs, Government enforced closures, unforeseen events such as acts of nature, severe weather conditions, pandemics, or other reasons. So far as is practical, these dates and times of closure will be displayed at the entrance to the Club, on the Clubs social media pages or on the Clubs website for your attention. In addition, we reserve the rights to vary or change classes and services including for reasons of seasonal conditions, participation rates, staff availability and maintenance requirements of the building operators, or other reasonable circumstances. There are no refunds or credits issued for such days.

Unforeseen Circumstances

If for any reason Live Well Health Clubs cannot provide or continue to provide you with membership services, such as during extreme weather conditions, pandemic etc, we will give you the option to suspend your membership and do so without being charged suspension fees under Clause 82, until such time that we are able to provide the membership services.

Cancellation for unacceptable behaviour

We reserve the right to suspend or cancel your membership:
if you do not behave in an acceptable, ethical and orderly manner in our opinion, including disrespecting the staff and/or the entitlement of all patrons to use the Clubs and their facilities in peace and without disturbance or disruption by you;
if you do not comply with the reasonable directions of our Staff;
if you misuse our products, services, or facilities or use them for purposes other than the uses for which they were designed or intended, (this includes operating a business or providing a service to our members within our premises without prior approval e.g., Personal Training);
if you are within the premises of a Club or its surrounds in possession, or under the influence of drugs or alcohol;
if you are abusive or aggressive to Staff or other patrons or act in a manner that is lewd, intimidating, or provocative in our opinion;
if you do not adhere to the terms of the Membership Agreement;
if any declaration you make concerning your age, health or proclivity to injury proves false; or
if you hold any personal restrictions directed by law in relation to your attendance at the Club or its location that involve any e.g., AVO, DVO, PVO etc, or if you are convicted of any Child Offense.
If we suspend or cancel your membership, you must pay all your Membership Fees up to the date of the suspension or cancellation and you must pay the applicable suspension or cancellation fees.

Lockers & security for possessions

You agree that the Club premises is a physical training facility, within which areas dedicated to physical training (including any sauna or like area) are not areas into which it is appropriate to take bags or anything of value, and that anything of value you bring onto the premises is at risk and that risk is yours alone.
We strongly recommend that you do not take bags or anything of value onto the premises. We have no responsibility to provide you with a secure place to leave any such items and do not accept responsibility for items which are lost, misplaced or stolen from within or outside of the lockers or any other area of the Club.
Where lockable and non-lockable lockers are provided for the convenience of members, you agree that those lockers are not secure and that we do not represent them as being secure. All bags brought onto Club premises are at your own risk and must be kept in a locker (unless you are at a service area outside the dedicated exercise areas such as the reception area). Under no circumstance can bags be taken onto areas dedicated to exercise.
You must not bring onto any Club premises any hazardous items including flammable goods, gas cylinders, acids and poisons, lithium batteries, bleaches, paints and sharp objects (metal cutlery, letter openers, razor blades) or anything that can be used as a weapon.

Footwear

Appropriate footwear (sports and training shoes) must be worn at all times within club premises. No shoes are to be worn in the sauna and martial art room/dojo. Thongs or sandals are not permitted in any of the Clubs (except for the bathrooms).

Fit for exercise

Before your first attendance at a Club to use its facilities and at any other time reasonably requested by Staff, you will be required to complete a pre-exercise form. In completing that form, you represent that:
The information you provide to us is:
Accurate and complete in all material respects;
Based on actual grounds known to you; and
You have not received advice that would indicate to a reasonable person that there are grounds to suspect any of the information you have given to us is not accurate or complete in all material respects.
You must not undertake exercise within the Club unless you reasonably believe based on reasonable grounds known to you that you are fit and able to undertake active exercise.
You must not undertake exercise that is contrary to advice given to you from a doctor or from advisory papers supplied with medicines you are taking.
You must not undertake exercise whilst ever you are carrying an injury or have reasonable grounds to suspect that you are carrying an injury.
If you are suffering from any injury or illness and wish to undertake limited exercise within the Club, you must notify Staff before commencing any exercise of that illness or injury and sign a disclaimer in favour of us in respect of damage you might suffer from exacerbating, complicating or suffering consequential injury flowing from that exercise or flowing from that illness or injury.
You agree to use our Clubs, products and services with due care and reasonable skill and on condition that if you have any difficulty using any equipment, that you will cease using that equipment unless and until you have notified Staff and been given guidance on the use of that equipment and you have been given approval by Staff to continue using that equipment.
You acknowledge and agree that should you injure yourself, or get hurt while utilising our Clubs, facilities, products and services that you immediately cease exercise and notify Staff, noting that it is a condition of use of the facilities within each Club that you must take full responsibility for your actions, to exercise within your strength and conditioning and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst using the facilities within the Club.
You agree to follow the safety instructions provided to you verbally, in written form and/or via the QR codes on equipment.

Changes to terms and conditions & membership fees

We reserve the right to change these Membership Terms and Conditions, Membership Fees and charges from time to time. We will provide you with at least seven (7) days written notice of the changes before any proposed change takes effect. We will email or post you such notice to the last known address in our records, and provide the current version on our website. If you do not wish to accept the proposed changes you may cancel your membership without additional penalty provided that you notify us in writing within 14 days of receiving our notice. Ordinary cancellation fees continue to apply in accordance with Clauses 68 and 69. If you do not cancel your membership then your membership will be varied and continue in accordance with any changes notified to you from the expiry of the period of the notice to you or the effective date notified, whichever is the later. We reserve the right to terminate your membership if deemed reasonable.

Direct Debit processing fee

If a direct debit processing fee is nominated on your Membership Agreement, then this fee is paid in addition to the Membership Fee for each direct debit processed against your account.

Consumer guarantees

The Australian Consumer Law gives you certain guarantees, including that our services will be rendered with due care and skill, and that the services will be reasonably fit for purpose. If we breach those guarantees and you suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, we limit our liability to any one or more of the following (in our absolute discretion): the replacement of any products supplied; the repair of any products supplied; a refund of the Membership Fees paid; or payment of the cost of you obtaining equivalent services elsewhere.
The consumer guarantees may not be applicable in circumstances:
where you simply change your mind;
if you cause the problem yourself by misusing our products or services;
if you request a service to be done in a certain way against our advice or you are unclear about what you want and no refunds or compensation will be given in these circumstances; or
if you notify us more than 14 days after the breach

Damage & Personal Injury

To the extent permitted by law, we exclude any liability to you or any other person in tort, statute, or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage) sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Membership Agreement and/or the services/products provided by us and any act or omission by us.
You agree that you will be liable for any injury, loss, or damage suffered by any person resulting from your misuse of our Clubs, facilities, products, services, or premises, and you agree to indemnify us against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss, or damage.

Credit/ Debit Reporting Agencies

If paying by direct debit, upon default by you in regard to any obligation under this Membership Agreement and any failure to remedy such default after notification (notification is sent from the Direct Debit Authority, via email to the email address provided by you and via text to the mobile number provided by you), you authorise us to notify any debt collection or credit reporting agency of your default. Should this occur, then we may also suspend or cancel your Membership Agreement. If your Membership Agreement is cancelled, any outstanding Instalments for the whole of the Fixed Term or Periodic Membership will become due and payable, plus an administration fee of $100, plus and outstanding Direct Debit Authority fees, plus 25% of the full outstanding balance (being the fee collected by the debt collection agency). Any arrears accumulated exceeding 60 days may be sold to a debt collection agency. You will be charged any associated fees as consequence of your debt being sold.

Transfer of membership by member

All memberships can be transferred to a non-member for a fee of $50 during the Fixed Term. Transfers are subject to the non-member accepting the Membership Agreement (including these Terms and Conditions). The non-member must agree to continue paying the Membership Fees for the balance of the Fixed Term.

Assignment of Membership Agreement

We may assign or novate your Membership Agreement to a third party without your consent. If we assign your Membership Agreement, we will provide you with 28 days written notice. An assignment of your Membership Agreement is not a cause or reason for cancellation of membership, notwithstanding any other clause in these Terms and Conditions.

Access by Non-Members when Club is unstaffed

No member is permitted to bring or allow a non-member into a Club during any period when there are no staff present or hours when the Club is not formally open. If you breach this clause then you acknowledge and agree that:
you accept responsibility and liability for any injury, loss or damage attributed to the non-member;
the act of bringing a non-member into a Club constitutes an automatic acceptance by you of a casual visit fee charged at $20 the non-member. The casual visit fee, in addition to the relevant transaction fees, will be charged to you by a deduction from your nominated bank account as part of the next Instalment;
we reserve the right to cancel your membership; and
the transaction fee for processing a non-member (in addition to the casual entry fee) is $50 per visit.

Crèche//child minding (child supervision service):

We may provide crèche facilities to you on the following terms.

By using the crèche/child minding facilities, you give permission for our staff to supervise your children while they attend the crèche/child minding and agree to abide by these terms.

You will be charged a fee for each visit your child makes to the crèche. This fee will be determined by Live Well Health Clubs, and may change from time to time.
The crèche facilities are provided for children between the ages of 8 weeks to 12 years of age. You must complete and submit an enrolment form including immunisation and emergency contact details for each child prior to their first crèche visit.
You must sign your child in and out each time they attend the crèche.
Bookings made via the website are essential to ensure your child has a place in the crèche. Your child must be collected within 75 minutes of being signed into the crèche. $25 penalty applies every 15 mins overtime, authorities may be notified.
You must not leave the facilities while your child is in the crèche/child minding facility.
Children with any colds, rashes, viruses, fevers or head lice will not be accepted into the crèche under any circumstances. If your child becomes sick while attending the crèche, we will contact you immediately and ask you to remove your child.
No food is permitted to be consumed in the crèche. However, we do allow your children to have a water bottle. Please ensure their name is clearly marked on the bottle.
Please note we will not be responsible for any lost property.
All children must be taken to toilet by parents, nappies must be changed by parents.

Surveillance CCTV, social media, online

We sometimes take photos in our facilities. By applying for a membership, you agree to our use of any image or photo of our facilities in which you may appear in the background.
Surveillance may be conducted in the facility. If you are a new member the surveillance may already be in place.
Surveillance may be conducted using:
internet usage recording devices, such as data capture, web browsing and email history captured on servers, and keystroke recognition
any form of visual recording devices including all types of cameras, such as CCTV cameras
any form of audio recording devices and
electronic recording devices in any part of the workplace.
The surveillance may be conducted at any time and any person entering the facility may be subject to surveillance. The surveillance may be continuous or intermittent at Live Well Health Club’s discretion. Live Well Health Clubs may, at their discretion, disclose the surveillance records for any reason that is not barred by privacy legislation.
You may consult with Live Well Health Clubs regarding any concerns about the surveillance. All cameras are visible and recording devices (including cameras) will not be placed in bathrooms or change rooms.
The purpose of the surveillance is to ensure the safety and security of employees, visitors and property.

Dispute

Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our services, please raise these with our staff and then contact us immediately if you are unable to resolve the concern. We handle feedback and complaints in line with our complaints policy.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms

Terms and Conditions Acknowledgement

By becoming a member, you understand that this agreement is legally binding whether your use is limited to one visit (casual) or on a Membership Plan. You acknowledge that each Club may have its own Rules and Regulations in addition to the Terms and Conditions of membership detailed herein. Such Club Rules and Regulations will be displayed on the Clubs noticeboards, plaques and signage in and around the Club, and form part of this Membership Agreement.
General:
Referral: We may provide you with contact details of third-party services. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third-party advice or provision of services, and we disclaim all responsibility and liability for the third-party advice or provision of services, or failure to advise or provide services.
Email: You acknowledge that we may send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Termination: We reserve the right to refuse supply of the membership services to you, terminate your account and terminate our contract with you, at our sole discretion, without incurring any liability to you.
GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: Your use of the services and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Privacy Policy

Our privacy policy guarantees our commitment to our Customers and Members and contains information about how you can access and correct your personal information, how you can complain about a breach of your privacy, as well as further information about how we will manage your personal information. Our Privacy Policy forms part of the Membership Agreement and should be read in conjunction with it. This is a summary only of Our Privacy Policy.
In receiving your Membership Agreement, we collect the personal information which you have included in that Membership Agreement. We may also collect your personal information when you communicate with us, when you purchase or pay for our products or services, and when you attend our Clubs. This may include “sensitive information” which is your health information, payment details and other personal information relating to your membership, your needs, and your use of the Clubs’ facilities.
You agree that the information which we collect and retain about you can be used in accordance with our Privacy Policy and that those terms are incorporated herein by reference.
We need and may use that personal information to carry out our functions and activities, including to provide products and services to you, to administer your membership, to manage our corporate functions, and to meet our legal and regulatory obligations. Without your personal information, we may not be able to provide the products or services you require.
We may share your personal information with our related bodies corporate, and we may disclose it to our advisers, insurers, contractors, suppliers and other people and organisations who help us to manage our activities and functions. Your first name, last name and phone number provided by you will be provided to and used by the Personal Trainers contracted to the Club, to contact you to discuss gym orientation, fitness assessment, one-on-one consultation, and/or Personal Training services.
As a customer, you acknowledge that we must cooperate with the lawful requests of members of the police force or any other person duly authorised to investigate breaches of the law, and that we may disclose any information held by us in relation to your account to such authorities if compelled or required to do so.
We generally do not disclose personal information overseas.
We may use your personal information to inform you about products and services which we offer from time to time, and to keep you informed of news and events. You can ‘opt out’ of receiving such communications at any time by following the procedure detailed in those communications and in our privacy policy.