Website Terms & Conditions

TERMS AND CONDITIONS OF ENTRY AND MEMBERSHIP

Welcome to Axis Performance. To ensure that Axis Performance is able to provide a safe and comfortable environment for all members, visitors and staff please assist us by ensuring that you comply with the following conditions. We advise you to only sign the membership agreement or terms of entry and access if you understand and agree with these conditions.The information outlined in these terms and conditions can / will be used in the event of a discrepancy.Please ensure that you read the following information carefully.

1. INTRODUCTION

By signing the agreement you are agreeing to have been given a copy of this agreement and agree to abide by the rules of membership and/or access to the facility. You also acknowledge and agree that you are medically sound to undertake services at Axis Performance; you use the services and facilities at your sole risk and responsibility. This agreement also relates to the member’s authority to MindBody OR EziDebit to directly debit the nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and any related MindBody overleaf. These terms are stated throughout the terms and conditions.Security of InformationI understand that as a visitor or member to Axis Performance that any information obtained by Axis Performance employees or contractors is intended solely for myself as the individual enquirer and is based on the information that I have provided as the enquirer. The copying, sharing or distribution of any information obtained by me as a visitor or member regarding Axis Performance and its services is strictly prohibited and unauthorised. Breaching these terms may result in legal action. Axis Performance may refuse entry to any person at any time and at its own discretion, particularly individuals that may be obtaining information in an unauthorised manner.

2. DEFINITIONS

In this Agreement unless the contrary intention appears: a. The singular includes the plural and vice versa. b. A reference to a party includes that party’s legal personal representative heirs and assigns. c. “Member” includes the parent or guardian of the Member if the Member is under 18 years. d. “Axis” means the Axis Performance facility named in the form of the agreement e. “MindBody” is MindBody Pty Ltd, 64-76 Kippax Street, Suite 201, Surry Hills, NSW 2010, Australia, Phone:1800 082 989, Email: info@mindbodyonline.com All queries and comments about the services provided under this Agreement should be directed to the Axis Performance Facility. The Member acknowledges that MindBody has been engaged by the Club to collect the fees due under this agreement if paying by way of direct debit. MindBody may also seek the services of EziDebit where appropriate and required.

3. ENTRY AND ACCESS

All members and visitors must present their valid Photo identification upon entry to the facility at every visit. The reception staff will verify your identification, registering your attendance. Photo Identification is compulsory for security and insurance requirements. Upon joining Axis a photo may be taken of you for security reasons relating to the safety of all members and visitors. The photograph will not be used for any other purposes and will be stored securely on our database. All ‘guest visitors’ to Axis Performance are required to present photo identification upon every visit. Entry to the Facility may be refused as a result of unpaid or outstanding membership fees. Please advise us of any changes to your address and / or contact information.There are a number of essential items required for various booking types.You must bring all items to all booked sessions. Axis Performance will reserve the right to refuse entry if required items are not brought along to a booking. The most important items that will be required at EVERY visit is PHOTO ID. Axis Performance maintains the highest level of care with regard to privacy whilst ensuring that your bookings, medical and treatment history remain confidential. We will not sign ANYONE in for a booking without valid PHOTO ID.Essential Items for Each VisitIt is imperative to bring the following items for each booking:

Compression lounge• Photo ID• Headphones if using personal devices for entertainment (or silent mode only).• Socks• Drink bottle recommended• Appropriate and clean shoes to be removed if using lower body attachments.

Wet Zone• Photo ID• Thongs• A non glass Drink bottle or purchase a drink prior to entry• All other items must be in a locker (including phone and keys)• Bare feet are not to be worn anywhere within the facility, the only exception being between bathing pools/spas.

Far Infrared Sauna• Photo ID• Thongs• Bathers• Full towel (must completely cover the bench where seated)• A non glass Drink Bottle or purchase prior to entry• Personal Devices are not recommended however may be used on silent at own risk

Performance Zone• Photo ID• Sweat towel• Drink bottle or purchase a drink prior to entry• Training singlet or T-shirt• Training shoes

By making and confirming a booking at Axis, you confirm that you are well and have not carried any contagious or infectious disease or illness for the past 48 hours. You must also notify Axis that you are unable to attend a booking if you come down with any contagious or infectious illness or disease prior to or at the time of your appointment.

Bandaids and wound dressings of any kind are not permitted to be worn in the wet zone or the infrared sauna. You cannot bathe with a wound due to the health and safety risk it may pose to yourself as well as other facility users.

Please note that work boots and dirty shoes of any kind are not permitted in any area throughout the facility.We recommend that you change into appropriate footwear in the car.Axis has a number of wet areas and any dirt/mud poses a significant risk to all visitors and staff health and safety.

If you forget a bath towel, we have a towel or robe hire service available for $5.We will hold your Photo ID during the towel hire and return it when the towel is returned at the end of your visit.

If you forget socks, we will have socks available to purchase for $5.

4. GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members, visitors and staff, please abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership. a. Entry will be refused or you may be requested to leave the facility if i. You are using abusive or threatening language or behaving in a threatening way. ii. You are under the influence of drugs or alcohol. b. Axis Performance are non-smoking facilities. c. Infrared Sauna, spa, pool and recovery zone areas are available in selected facilities for male and female use and as such minimum standards of dress apply. d. DRESS CODE i. fully enclosed, clean sports shoes must be worn during workouts for safety reasons. Members are required to wear a singlet or t-shirt at all times in the Health Club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members. ii. Clean and appropriate footwear must be worn throughout the facility and dirty shoes or workbooks of any kind are strictly prohibited. Shoes are to be removed when using equipment in the compression lounge and clean socks must be worn when using the leg attachments. iii. Thongs must be worn when using the wet zone facilities such as the ice baths/pools, spas and sauna. Thongs are to be left outside of the pools and spas, safely out of the way of all users, and must be put straight back on when out of the pools and spas. e. TOWELS Full towels must be used when using the wet zone facilities ands sweat towels must be used when training in the Performance Zone to maintain hygiene and safety standards. Where available you can hire a towel for $5.00 from reception (a $10.00 security deposit or Photo ID may be required). f. CHILDREN up to and including 12 years of age, who are not members of Axis, are not permitted anywhere within our facility except for child minding areas if set up and approved by Axis Performance Management. Children 12 years of age and under may be considered for access to the facility at Axis Performance’s discretion and may require medical direction. Children who are 13-14 years of age (inclusive) may become Axis Performance members and have restricted access to Club facilities only whilst they are fully supervised by an Exercise Scientist and / or a parent or legal guardian. Children 15 years of age or older can join as a member (with authorisation of parent or guardian) but may have restricted access to some facilities and services. All children under the age of 18 must have a parent co sign and consent to the membership terms. The parent will also be responsible for any membership payments or fees incurred. The financially responsible parent must also be listed as the emergency contact and will have authorisation to terminate the membership at their discretion and without permission of the child member if the parent is still responsible for the membership payment, even once the member turns 18. g. COACHING SERVICES are available for use in Axis Performance for an additional fee. Please contact your facility for more information or visit our website axisperformance.com.au for more information. Please note only authorised Axis Performance Coaches are permitted to train members in Axis Performance locations.

5. USE OF EQUIPMENT

For the safety of you and others, please follow all equipment operating and safety instructions on the equipment. If you are not sure of correct use or operation of equipment please seek assistance from an Axis Performance team member. We ask that you return weights and bars to their racks when you have finished with them. This includes unloading plates from machines and bars when you have finished. This also applies to equipment used in the Performance Zone and Recovery Zone.

6. LOCKERS AND PERSONAL ITEMS

Lockers are available and are located outside of the change rooms. Please look after your personal items. Axis Performance employees or contractors, are not responsible for any loss or damage of personal property. Lockers provided are not security devices. Please take personal responsibility of all valuables and consider them and their safety before using our facilities. Damage to, or the loss of locker keys and codes, will incur a $25.00 charge. Unfortunately Axis Performance is unable to look after your personal possessions (keys and wallets for example) whilst you are in the facility. Bags and personal items are not permitted in the Performance Zone or the Wet Zone. Personal devices such as phones and tablets are permitted in the Compression lounge with accompanied headphones for entertainment purposes and may also be used in the sauna at your own risk. Please note that phones, tablets and the like are strictly prohibited in the wet zone area surrounding the pools and spas. Towels and thongs are the only personal items permitted in the wet zone area.

7. LOST PROPERTY

Axis Performance does not take responsibility for loss or damage of your belongings. Any items of lost clothing will be held for two weeks, and then donated to charity.

8. POOL USE

Normal pool and spa safety rules apply for the safety and convenience of all users; please see full details posted on each facilities wet zone deck. Pool areas are not fully supervised and use of these facilities is at your own risk.

9. MEMBERSHIP

a. Entitlements- Membership at Axis Performance entitles you to: Access the Recovery or Performance services in accordance with your specific membership type and its terms. b. OBLIGATIONS- Membership at Axis Performance requires you to: i. Update your contact details when they change so that we can keep in touch. Comply with all Conditions of Entry (see in Facility signage) and the guidelines in this document. Pay all agreed fees, ensure sufficient funds are available to cover all fees and advise us in advance if your bank account or credit card is closed or changed. Inform us in advance if there are any risks to your health if you use any services and if required seek approval from your Doctor or General Practitioner. You acknowledge that it is your responsibility to cancel direct debit facilities in respect of your membership when this agreement expires or is terminated. c. SPECIAL CONDITIONS REGARDING MEMBERSHIP ENTITLEMENTS i. There are variations in the facilities and services provided at different Axis Performance locations. To ascertain exactly what a particular facility provides in addition to the above entitlements, please enquire at the facility directly. There may be additional fees charged to access these facilities and services. ii. Axis Performance reserves the right to make changes to equipment supplied in any of its facilities at any time. Axis Performance also reserves the right to make changes to the Booking times available at any time. (i.e. alter type, times and practitioners). iii. All entitlements and entry into any Axis Performance Facility is revoked if a member’s account is in arrears. iv. If your automatic direct debit reverses or is returned to us by your financial institution, reversal and late fees may apply and any related fees charged to Axis, will be passed on to you. If you fail to pay us the fees by the due date, you will be refused entry to the facility. If unpaid fees remain outstanding, and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action. d. CHANGES TO CONDITIONS – Axis Performance reserves the right to change the conditions contained in Clause 9 by providing you with one month advance written notice of any changes.

10. CANCELLATION / TERMINATION

This agreement is subject to a cooling off period. A cancellation request must be directed to your Axis Performance Facility. a. During Cooling Off Period: Your membership is subject to a 7 day cooling off period. The cooling off period starts from the date the agreement is entered into (the “commencement date”) and ends at close of business 7 days later and may be terminated under the following conditions: i. All monies paid will be refunded with the exception of an administration fee of $79 if any goods or merchandise you received on joining are not returned. ii. Axis will charge an additional payment to recover costs in relation to any services provided to the member within this period. Axis requires a correctly dated written request to terminate the membership within the timeframe specified as the cooling off period from signing the membership agreement. iii. Axis will charge an additional payment to recover costs in relation to any services provided to the member within this period. b. Outside Cooling Off Period: Your membership may be terminated under the following conditions outside of the cooling off period: i. Permanent Sickness or Physical Incapacity: 1. Axis requires a written cancellation request advising the nature of the illness or physical incapacity, outlining specifically how this prevents you from utilising any of the services or facilities that Axis is able to provide. 2. Axis requires a medical certificate stating that you cannot utilise any services included in your membership because of your permanent illness or physical incapacity. 3.Axis may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less). ii. Cancellation for any other reason 1. Axis requires that a written cancellation request form be completed and all requests must be directed, in the first instance, to your Axis Performance Facility. The minimum fee amount is written on the front of this contract. 2. Cancellation within Minimum Term: The member may terminate this Agreement before the expiry of their minimum term (or payment amount) if all installments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $195 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $145. 3. Cancellations after completion of Minimum Term: There will be a period of notice of 30 days, unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Axis Performance and/or a debt collection agency. The Member shall not consider that this Agreement has been terminated until such time. 4. Ongoing Membership Agreements After the expiry of the minimum term or payments, and after all instalments and fees due have been paid in full, the membership shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. The member may make a request in writing at anytime throughout their minimum term, to arrange their membership to terminate at the end of the minimum term if they wish. iii. Termination by Axis Performance 1. Axis Performance reserves the right to terminate this membership agreement in accordance with the following conditions: a. Failure to abide by any of the criteria listed in the Conditions of Entry (posted in facility) or the items listed in this agreement. b. Action upon a complaint by either a Club member or an employee (or contractor) of Axis Performance.

If you need to cancel or reschedule an Axis Performance booking or appointment, please note that a minimum of 24 hours notice is required. Less than 24 hours notice will lead to the booking/appointment and any related payment to be forfeited or owed in full.

11. TRANSFER OF MEMBERSHIP BY THE MEMBER

An Axis Performance 12 month direct debit membership, while within minimum term, may, at Axis Performance’s discretion, be transferred to a non-member for a fee of $59.00. Transfers are subject to special criteria in addition to Axis’ normal membership guidelines. The terms of the membership agreement and the facility that the membership is associated with remain unchanged.

12. DAMAGE & PERSONAL INJURY

To the extent permitted by law, Axis Performance excludes any liability to the Member in Agreement, 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 the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Axis Performance, and/or any act or omission of Axis Performance. As a visitor or member of Axis Performance you are financially responsible for any loss, replacement or damage caused to Axis Performance Property and will be charged accordingly.