Membership Agreement

MEMBERSHIP AGREEMENT

The following terms and conditions apply to the Membership Agreement between West HQ Limited ABN 54 000 842 375 (“ONE55/SGAC/We”) and You (“I/You/Member”) (“Agreement”)

CONSENT, ACKNOWLEDGEMENT AND AUTHORITY

• I give permission for my child/self to receive medical/ambulance assistance in the case of an emergency and agree to pay all costs incurred.

• I give permission for my child/self to be photographed/recorded by ONE55 and/or SGAC while participating in any activities in the facility. I consent for the photos/recordings to be used for marketing and publicity purposes if required

• I understand that I must abide by the membership terms and conditions, policies and procedures (including the Codes of Conduct and Conditions of Entry) (Rules) relating to the venue and/or my chosen activity and follow all reasonable directions of the ONE55 and/or SGAC team. This Agreement may be terminated or I (or anyone enrolled on my account) may be refused access to the facilities as a result of a breach of the Rules. I may obtain a copy of the Rules via our websites one55.com.au or sgac.com.au.

• I authorise Debitsuccess Pty Ltd ACN 095 551 581, APCA User ID 507519, 387342, 496485, 621258, 518466 or 184534 to debit my nominated bank account or credit card through the Bulk Electronic Clearing System. I confirm that I have authority over this account and that it can be operated severally.

• I acknowledge that fees will continue to be debited from my credit card or bank account until the arrangement is cancelled. I also acknowledge that if I terminate the Agreement or stop the automatic debit arrangement in a manner not described in this Agreement, I may be liable for damages for breach of contract.

• I acknowledge that a parent/guardian/responsible adult must sign the Agreement and accept full responsibility for the payment of all fees associated with the membership.

• I consent to this Agreement being varied to reflect a change in fees in the event that I or my child progress to another level or class.

• SGAC Gymnastics only - I agree that SGAC will not be responsible for any injury suffered by me or my child and any claim/s will not exceed the sum for which the registered gymnastic participant is insured. I acknowledge and agree that unregistered/uninsured gymnastic participants are ineligible to make claims.

• ONE55 Members

• I acknowledge that ONE55 is a member of AUSactive and is bound by the National Fitness Industry Code of Practice. I consent to ONE55 providing personal information to AUSactive to enable it to comply with its obligations under the Code of Practice. A copy of the Code of Practice can be obtained from https://fitness.org.au/ I understand that I may lodge a complaint with AUSactive if ONE55 has or appears to have breached the Code of Practice.

• Fixed Term Agreement

I acknowledge that unless I provide written notice of termination of my membership prior to the end of the fixed term of my Agreement, I will still be liable for my membership fees until 14 days after I provide written notice of termination to ONE55 I understand that ONE55 must respond to its receipt of a written notice within 7 days.

• West HQ Limited membership (not applicable to Visit Pass Holders)

• I certify that I am over the age of 18 years, and I request that my name be entered on the Register of Members as a Full or Associate Member of West HQ Limited (Company).

• I agree to be bound by the Company's Constitution, Regulations, and By Laws that are in force from time to time. https://westhq.com.au/about-west-hq/policies/

• I request that any minor on this Agreement be enrolled with the Company’s Junior Membership Program while a paying Member at ONE55 and/or SGAC.

FEES AND PAYMENTS

• The Agreement continues until the membership expiry date or the date I elect to cancel it If I terminate the contract within 30 days of the Start Date, I will be responsible for a $30.00 admin cancellation fee.

• Fees must be paid by Direct Debit from a credit card or bank account in my name. Direct debits will occur bi-weekly.

• A rejection fee of $10.00 applies for each defaulted payment. We may suspend or cancel classes or services until any outstanding amount is paid. I am liable for all outstanding payments. It is my responsibility to complete and update my default payment details on the Member Portal

• Non-attendance and/or failure to use the equipment or facilities does not relieve me from any other obligations in this Agreement. No refunds will be given.

• SGAC Gymnastics – The annual gymnastics registration fee will be debited from my nominated account within 7 days of my Agreement and will be charged annually in January each year while I am enrolled in gymnastics classes.

GENERAL

• I am responsible for updating my contact details on the Member Portal I am not entitled to any refunds in the event communication has been sent to my nominated email and/or mobile number

MEMBERSHIP AGREEMENT

• A pre-exercise questionnaire must be completed as part of the membership process for all adults over 18 We may require a doctor's certificate prior to commencement of membership, and/or after any injury.

• We reserve the right to cancel classes or alter online bookings to ensure the booking is fit for the participant age, skill, and safety.

• If a member presents themselves with a Notifiable Disease (as set out in Schedule 2 of the Public Health Act, 2010 (NSW)), they must refrain from attending classes and must advise SGAC. https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2010-127#sch.2

• Member Access or Visit Pass Cards must be swiped on entry. Lost cards can be replaced by Customer Service at a cost

• We may vary these Terms and Conditions (including fees and operating hours) on the giving of not less than 14 days’ notice.

• We collect, store, use, and disclose personal information strictly in accordance with the Privacy Act 1988 (Cth) Our Privacy Policy can be viewed at www.westhq.com.au

• SGAC Gymnastics - To assist SGAC in providing its services, SGAC may disclose information to the following organisations, Gymnastics NSW, Gymnastics Australia, our insurers, our professional advisors, including our accountants, auditors and lawyers, government or regulatory authorities, and other organisations, as required or authorised by law.

ABSENTEE

AND TIME HOLD

Absentee Makeup Policy – Applicable to SGAC Learn to Swim and Recreational Gymnastics

• Make-up classes are not guaranteed and are subject to availability. I must provide notification of absence on my Member Portal before the scheduled class commences. The Policy including eligibility criteria can be viewed on sgac.com.au.

Time Hold Policy – Applicable to Aquatic Memberships, Fitter for Life, Adult Gymnastics & ONE55 Membership contracts

• A maximum period of 6 weeks (42 days) is available for a General Time Hold request in each year of my membership.

• A minimum of 1 week up to a maximum of 3 consecutive months is available for a Medical Time Hold request in each year of my membership

• I must provide at least 7 days prior notice with any application for Time Hold via the Member Portal. A medical certificate is required to be provided with a Medical Time Hold request. An administration fee is payable The payment of fees will cease during the approved Time Hold period.

Time Hold Policy – Applicable to Competitive Gymnastics

• A medical time hold is available on request via the Member Portal and must be for a minimum of 1 week. A request must be accompanied by a medical certificate and cannot be backdated SGAC reserves the right to accept or reject a Time Hold request in its absolute discretion. An administration fee may be payable.

• No refunds will be provided for competitions included as part of your squad fee package whilst on a medical time hold

CANCELLATION AND TERMINATION

Applicable to Gymnastics and Aquatics

• If I wish to cancel my Agreement, I am required to give 14 days’ notice by making a Cancellation Request via our Member Portal. Fees will continue to be payable during the notice period.

Applicable to ONE55

• If I wish to cancel my Agreement, the following applies:

(i) After the expiry of the minimum period, I am required to give 14 days’ notice by making a Cancellation Request via our Member Portal Fees will continue to be payable during the notice period.

(ii) Prior to the expiry of the minimum period, I am required to give 14 days’ notice by making a Cancellation Request via our Member Portal. The cancellation of the Agreement will incur an early termination fee (to be determined by ONE55 but not more than 80% of the fees payable for the remaining minimum period) together with an administration fee of $30. Fees will continue to be payable during the notice period. A ONE55 representative will respond in relation to the Cancellation Request within 7 days to advise the total fees payable.

Applicable to all Agreements

• Any account credit or make-up lessons will be forfeited on cancellation.

• All Paid in Full Agreements will terminate on the expiry date and will not rollover for any further period.

MEMBERSHIP AGREEMENT

TRANSFER REQUESTS – ONE55 Memberships only

• A Member with more than two (2) months of the minimum period remaining on their Agreement may, subject to all fees being paid, transfer that Agreement to a person that has not been a ONE55 member for more than 6 months. All transfer requests will incur a $50 transfer fee.

• The Transfer Request must be in writing and the new member must sign an agreement for not less than the remaining term of the transferring Member's agreement. The Transfer Request must be made by email to reception@one55.com.au

• ONE55 reserves the right to accept or reject a Transfer Request and/or any new member in its absolute discretion. Only one transfer request will be accommodated for each Agreement. Any credit in the transferring Member’s account will be forfeited on and from the approved transfer date.