1. TERMS & CONDITIONS (a) Your membership is governed by this Agreement. (b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the GYM Rules and the Privacy Policy. (c) Infinite Performance Pty Ltd reserves the right, in its sole discretion, to amend this Agreement. (d) Infinite Performance Pty Ltd holds, so far as a provision of this Agreement is for the benefit of a third-party that provision on trust for the relevant third-party. 2. Membership (a) Nature of Membership: Your membership permits you to use Infinite Performance Pty Ltd’s premises, facilities, equipment and services as shown and limited by the membership identified and chosen upon. (b) Change to Details: You must provide Infinite Performance Pty Ltd with any changes to your details, which are relevant to your membership. (c) Membership Hold: Infinite Performance Pty Ltd will allow members to place their membership on hold when 28-days notice is provided in writing. (d) Membership Alteration: If you wish to alter your membership, 28-days notice must be exercised. (e) Membership Duration: Initial membership duration runs for 12 weeks; after this period, the membership will continue on a Monthly basis. 3. Session Bookings (a) You acknowledge that all bookings must be: (i) scheduled at least 1 hours prior to the commencement of the session start time. (ii) cancelled/rescheduled at least 1 hours prior to the commencement of the session start time. (b) All available session times are strict and must be adhered to through correct arrival and departure times based on the booking slot. 4. Payments (a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement. (b) All memberships will be paid fortnightly. (c) All payments will be paid through Direct debit. (d) You must provide to Infinite Performance Pty Ltd, in the form requested by Infinite Performance Pty Ltd, a Payment Agreement authorising Infinite Performance Pty Ltd’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account. (e) Infinite Performance Pty Ltd will endeavour to contact you by phone, SMS or email to inform you of any overdue payments. (f) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution. (g) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments. (h) If there are repeated failures to meet your payment obligations (other than through the fault of Infinite Performance Pty Ltd or its Payment Provider), without prejudicing Infinite Performance Pty Ltd’s rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you. (i) Infinite Performance Pty Ltd reserves the right, at any time, to change the Membership Fees charged to Members for use of the GYM facilities. Infinite Performance Pty Ltd agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 7 days after the Written Notice has deemed to be been received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 7-day period, you authorise Infinite Performance Pty Ltd and/or the Payment Provider to debit the new amount to your account. 5. Minimum Age (a) All Members of Infinite Performance Pty Ltd must be a minimum of 10 years of age. All Minors must have a parent or legal guardian agree to the terms of this Agreement. All Minors must attend the GYM to obtain a membership. 6. Staffed Access (a) The GYM will be staffed throughout all opening times. 7. Access by Non-Members (a) Infinite Performance Pty Ltd only grants Members, unless otherwise specified in this Agreement, access to the GYM. No Member is permitted to bring a non-Member into the GYM. (b) If a Member breaches clause 7(a) of this Agreement, the Member acknowledges that: (i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Infinite Performance Pty Ltd. (c) 7-day free trial passes are available for interested members and are distributed at discretion of Infinite Performance Pty Ltd. 8. Physical Condition (a) It is your responsibility not to use any equipment or to participate in group sessions if they may adversely affect any existing medical conditions. (b) You hereby represent to Infinite Performance Pty Ltd and their directors, employees, and contractors that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of, your use of the GYM or its facilities. (c) If you have any health or medical concerns now or after you join as a Member of the GYM, you must discuss them with your doctor before using the equipment or the GYM. (d) Infinite Performance Pty Ltd reserves the right to restrict, suspend or terminate your membership if Infinite Performance Pty Ltd is of the reasonable opinion that you are unfit to utilise the GYM. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Infinite Performance Pty Ltd with a medical certificate confirming that you are fit to train. 9. Equipment (a) You understand and acknowledge that Infinite Performance Pty Ltd purchases the equipment from a third party and therefore does not manufacture any of the equipment used in the GYM. 10. Liability for Property (a) Infinite Performance Pty Ltd is not liable to you for any personal property that is damaged, lost, or stolen whilst on or around the GYM. (b) If you cause damage to the GYM or any equipment you are liable to Infinite Performance Pty Ltd for its cost of repair or replacement. 11. Your Right to Terminate Your Membership (a) You may terminate your membership at any time on the following basis: (i) You provide a request for termination of your membership via email to Infinite Performance Pty Ltd. (ii) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the GYM (medical certificate must be provided). (iii) You have completed your initial 12-week minimum term and have given 28 days’ notice of termination. 12. Consent to Filming for Advertising Purposes (a) You acknowledge and provide consent to being the subject of film or photo content for the advertising material of Infinite Performance Pty Ltd. (b) However, should you wish to opt out of this consent, you may contact Infinite Performance Pty Ltd and provide your statement in writing. 13. Termination and Unauthorised Cessation of Direct Debit (a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Infinite Performance Pty Ltd for any unpaid fees, or fees incurred by Infinite Performance Pty Ltd. 14. Risk Warning: GYM (a) Infinite Performance Pty Ltd warns that whilst you are on our premises using our GYM, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you: (i) slipping on wet flooring; (ii) being struck by weights; (iii) colliding with equipment, or other Members; (iv) engaging in strenuous exercise and activities; or (v) incorrect use of equipment or GYM. (b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others. (c) You acknowledge and agree that the above-mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death. (d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Infinite Performance Pty Ltd are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks. 15. Risk Warning: Recovery Services a) You acknowledge and agree that activities at Infinite Performance Pty Ltd may include use of an infrared sauna and ice bath therapy (commonly referred to as heat and cold therapy), and related activities, which, like all Infinite Performance Pty Ltd activities, involve certain inherent risks that cannot be eliminated regardless of care taken to avoid injuries. b) Risks of heat and cold therapy vary depending on the circumstances, may increase by incorrectly using or misusing infrared sauna and ice bath therapy, and may include occurrences such as extreme heat, heat exhaustion, dehydration, extreme cold, slippery surfaces and floors, and exposure to substances emanated from, or used to operate or maintain associated equipment, in addition to the other risks associated with all GYM activities. c) You acknowledge and agree that the you are solely responsible for consulting with a physician or health professional prior to and regarding the use of the heat and cold therapy. If any of the following apply to or are experienced by you, you will not use, and will immediately discontinue further use of heat and cold therapy, unless and until your physician or licensed health professional approves your participation in such activities: use of prescription medication; cardiovascular conditions, including use of a pacemaker or defibrillator; substance abuse; chronic conditions; joint injury or any infections; surgical implants; pregnancy; hemophilia; fever; heat sensitivity; or dizziness, pain, or discomfort during use of a sauna, participation in ice bath therapy, or participation in any related activities.