+ TERMS AND CONDITIONS

ACKNOWLEDGEMENT

1. I acknowledge that the Ultra Fitness and Strength trainers/coaches are not able to provide me with medical advice and that all information should be regarded as guidelines. Any symptoms or injuries I incur will be a responsibility of my own actions and will be solely responsible for the outcomes.

2. This Membership contract is ‘locked in’ for an initial 12 weeks. 12 weeks of the chosen membership must be fully committed to and paid for before this contract can be ceased. After the initial 12 weeks, this agreement stays in place but will no longer be ‘locked in’ and the membership is now on a week to week basis.

3. On the rare occasion of this happening, I agree to allow Ultra Fitness and Strength to use any pictures or videos for marketing purposes. I will notify any Ultra Fitness and Strength Staff if I am uncomfortable with this.

4. I am aware of the risks and dangers of participating in any of the Ultra Fitness and Strength group sessions along with the possible injuries that may occur from the movements and actions performed.

5. As Ultra Fitness and Strength is a 24hr facility I am aware of the risks and dangers of training outside of the ‘staffed’ hours along with the possible injuries that may occur from the movements and actions performed on my own.

6. I agree that if I am not comfortable with any movements, I will make my trainer aware of the situation and will not hold my trainer or Ultra Fitness and Strength accountable to any injuries that may occur.

7. I confirm that I have been provided with the appropriate training and load management guidelines to allow me to train safely.

ASSUMPTION OF RISK OF INJURY AND WAIVER OF CLAIMS

8. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near Ultra Fitness and Strength. In the event I am injured while on an Ultra Fitness and Strength property or during an Ultra Fitness and Strength-sponsored event, I will hold harmless, Ultra Fitness and Strength and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. I understand and agree that Ultra Fitness and Strength is unsupervised between certain hours and no employee is on site to help me use the equipment or exercise in the manner that I choose to exercise. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death) and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Ultra Fitness and Strength, and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief, including but not limited to claims for contribution. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns.

9. Emergencies: Ultra Fitness and Strength Gym has a designated wall mounted panic button and personal panic buttons for safety and security reasons. These will alert a security company in emergencies, for example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency. If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use. 10. Personal Panic Button: You must be cautious when entering, leaving and using Ultra Fitness and Strength Gym. You must have a ‘personal panic button’ within 1.5 metres of you at all time when appropriate, for example, if exercising alone or outside staffed hours.

10. Your Door PIN: You will need your PIN to access Ultra Fitness and Strength Gym, and must use this each time you use the facility. If you forget your PIN you may access the gym during staffed hours to have your PIN reset. You should not ask or expect another person to let you into the gym at any time.

11. You must not let anyone else into Ultra Fitness and Strength Gym without the approval of staff or let anyone else use your PIN. If you break this term your membership may be suspended or cancelled instantly.

12. Orientation and Proper Use of Equipment: Before training at Ultra Fitness and Strength gym you must participate in an orientation of the gym with one of our staff. You may not use the equipment of the gym or perform any unfamiliar exercises until you have the approval of an Ultra Fitness and Strength qualified trainer.

13. Guarantee of results: Members of Ultra Fitness and Strength must complete 90% of their prescribed training to be eligible for guaranteed results. Anything below this will render them ineligible for refund on poor outcomes.

14. Breakage and Gym Rules: If you break any of the Ultra Fitness and Strength Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Ultra Fitness and Strength rules we may cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay and be responsible for these.

15. Direct Debit Billing Agreement: Ultra Fitness and Strength payments are collected via direct debit or paid up front. Direct debit payments will come out based on the agreed value and time frame. A dishonour fee of $5 may apply if payment is declined.

16. Paid Up Front Billing Agreement: A time frame and price by both parties needs to be agreed upon and committed to. Once paid for there is a 2 week cooling off period, after this 2 weeks the upfront paid amount is non-refundable.

17. Not Enough Money in Account When Fees Are Due: Your bank or credit provider may charge you a fee for overdrawing your account. Our third-party biller also charges the Biller's Administration Fee.

18. Cancellation Policy: To cancel your membership, we require you to give us a minimum of 7 day’s notice. This is to be done in person, payment will not be refunded if you decide to cancel after the payment has come out.

19. Should you not wish to continue your training, you are required to personally come in, return your FOB 24hr access Key Ring and let us know. That means no text, no phone call, no voice mail and no email will be considered a form of cancellation. This is to ensure that no miss communication is made.

20. Direct Debit Information: If an automatic direct debit arrangement is in place, your membership fees will continue to be debited from your account until you or we cancel this agreement. If you end this agreement or stop the automatic debit arrangement in a way not described in this agreement, you may be liable for damages for breach of contract. You should, however, cancel any direct debit authorisation when your Agreement lawfully ends.

21. Private 1on1 or 1on2 Coaching: If you have a booked session and cannot make that session for any reason and give us less than 24hrs notice the paid session will be lost.

22. Pausing of Membership: To pause your Ultra Fitness and Strength membership you must give us 7 days’ notice prior and must be of an urgent/valid reason not to train. You cannot pause your membership due to your lack of commitment. Your membership can be paused during the initial 12 week ‘lock in’ period, the remaining time of the 12 week ‘lock in’ period must be followed through with after the pause is completed OR payment of the remaining time will be required.

23. 24 Hour CCTV Cameras: The Ultra Fitness and Strength premise has CCTV security cameras recording 24-hours a day (except in bathrooms) and have remote video guarding services. This system is used for security purposes but does not guarantee against harm.

24. Your Personal Information: From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. By signing this agreement, you consent to us collecting, using, disclosing and dealing with your personal information.

25. Commercial Activity: You acknowledge that engaging in any commercial or business activities in Ultra Fitness and Strength Gym, such as offering training services or selling goods in the facility is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

26. Shower: Before showering you are required to make sure the bathroom has no excess water in the area and is safe to enter the shower. You must put down a provided bathroom mat (outside the shower) and shower mat (inside the shower) when entering and exiting the shower to prevent any further risk of injury due to excess water. It is at your own risk that you use the shower and Ultra Fitness and Strength will not be responsible for any injuries that occur from slipping and/or falling. You are not eligible to use the shower if you have a condition that is affected by showering e.g. blood pressure, heart conditions etc.

27. Warming Up/PREHAB: As a member of Ultra Fitness and Strength you are required to complete your prescribed warmups to further prevent injuries from happening. Unless a trainer has recognised your inter-dependency to warm up appropriately, you must follow the warmups that are prescribed and shown by an Ultra Fitness and Strength trainer. If warmups are skipped or rushed it is at your own risk and Ultra Fitness and Strength will not be responsible for any issues/injuries that can potentially occur due to the lack of warming up.

28. Action for Risky or Inappropriate Conduct: If you behave in a risky or inappropriate way, for example, if you threaten or harass others, damage equipment, or train other members without our authorisation, appropriate action will be taken. For example, your membership may be immediately suspended or cancelled, you may be banned from Ultra Fitness and Strength Gym and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

+ FITNESS DECLARATION

I understand that whilst care will be taken to give safe instruction, I accept full responsibility and consider myself fit to exercise. I have answered all questions correctly and all medical and health considerations are noted above. I will inform Ultra Fitness and Strength if any of the above information changes.