Totally Pumped Membership Terms

1. INTRODUCTION - This document outlines the rights and responsibilities that you have with regard to entering into a Direct Debit Membership Contract with Totally Pumped 24/7, here on known as "TOTALLY PUMPED 24/7".

2. DEFINITIONS - In these Membership Terms and Conditions the following definitions apply: “TOTALLY PUMPED 24/7”, “We”, “Us”, “Our” means the organization providing the service for which the Customer is paying. The “Customer”, “You”, “Yours” means the person or party signing this Contract.

3. FEES & PAYMENTS – We will debit the account nominated on your DDR Form on a fortnightly basis in advance for the amount stated on the front of this form, or any amended amount that is accepted or requested by you in the future. A transaction fee of $0.85 for Bank Accounts and 2.11% for Credit Card Accounts will be added to each debit. We will notify you giving 30 days’ notice of any increase to your fees. Fee increases may occur at any time at the discretion of Management. You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details and expiry dates for payment and any other information relevant to your membership. Term Memberships are paid in FULL upfront, no refund will be given.

4. DISHONORED PAYMENTS - Should your payment be dishonoured you will be charged a $15 dishonour fee, any outstanding amounts must be paid at reception before you can use the facilities again and before the next fortnightly debit run, we will attempt to contact you by phone, SMS or email. If payment has not been received prior to the debit run, the outstanding amount will be added to the next debit. If payments are dishonoured on two consecutive occasions we will cancel your membership. All amounts owing, charges, costs and other fees incurred by us or an outside Debt Collection agency will be passed on to you.

5. SUSPENSIONS – Direct Debit Members are entitled to Unlimited FREE Suspension. A Minimum ON or OFF Suspension period of 14 Consecutive Days applies, no maximum. A Suspension Request Form must be submitted clearly stating the Start & End dates of your suspension. Debits will proceed at the normal fortnightly rate once the End date has been reached. The onus is on you to know when your membership becomes active again. No Refunds will be issued for members who forget that their suspension is over. NOTE: Suspensions must have an End date & cannot be backdated. Term Members are entitled to 1 Week suspension for 3Mth Term M/ships, 2 Weeks for 6 Month Term Memberships & 4 Weeks for 12 Month Term Memberships

6. CANCELLATION – You may cancel your Direct Debit membership at any time after serving a Minimum term of 3 MONTHS by filling out and signing a cancellation request form at TOTALLY PUMPED 24/7 reception. No application for cancellation will be accepted prior to serving the minimum 3 months unless the 3 month period is paid out. For our "No lock in contract" membership you can cancel at any time without penalty. Any payment made in advance will not be refunded. Term memberships are paid upfront in full and there is no refund or cancellation for the period paid for. For security reasons if you cancel your membership your Security FOB must be returned to TOTALLY PUMPED 24/7 for your cancellation to take effect. Note there is no refund for security FOB’s. CANCELLATIONS MUST BE RECEIVED 2 DAYS PRIOR TO THE NEXT DIRECT DEBIT TO ALLOW TIME FOR PROCESSING - DIRECT DEBITS ARE THURSDAY FORTNIGHTLY.

7. YOUR PHYSICAL CONDITION – All new members are required to complete a Pre-Exercise Questionnaire on joining to establish their current health status prior to participating in an exercise program. Where answers to questions indicate that you may be at risk we will request that you receive clearance from a medical practitioner prior to starting your membership and engaging in any physical activity that may be detrimental to your health, safety, comfort or physical condition. TOTALLY PUMPED 24/7 strongly recommend that all persons seek medical advice prior to starting an exercise program. During the course of your membership it is your responsibility to advise us of any changes to your health status that may alter your ability to perform your prescribed exercise program. You shall not attend the facility whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.

8. ENTITLEMENTS – As a member of TOTALLY PUMPED 24/7 you are entitled to use the facilities at any time during the advertised operating hours unless you have a RESTRICTED membership which entitles you to use the Gym only for times stated for that membership. GROUP FITNESS ONLY membership entitles you to use the Group Fitness Studio only. Please note that operating hours may be subject to change. Restrictions to usage times and certain pieces of equipment may apply to persons under the age of 17 as per our “Kids in Gyms” policy. Initial Health Consultation and a Personalised foundation Exercise Program is included in your joining fee. PERSONS UNDER THE AGE OF 17, CAN ONLY VISIT THE GYM DURING STAFFED HOURS (NO 24HR ACCESS) UNLESS CONCESSIONS HAVE BEEN GIVEN BY MANAGEMENT AND SIGNED BY GUARDIAN.

9. CONSEQUENCES OF MISCONDUCT - We reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for illegal or serious inappropriate behaviour that is threatening or harassing (including social media harassment) including damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Any breach of these Membership Terms and Conditions or failure to comply with our Code of Conduct or acting unreasonably could result in cancellation of your membership. We have the right to cancel your membership at any time.

10. YOUR SAFETY AND PROPERTY - WARNING We give you warning that, whilst on our premises you may suffer injuries including but not limited to broken bones, soft tissue injuries and joint injuries. It is your responsibility to ensure that you correctly operate or use any equipment within the facility including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any piece of equipment or perform an exercise you should consult a member of staff. TOTALLY PUMPED 24/7 Health & Fitness is not responsible or liable for any injury that may occur on the premises or during a TOTALLY PUMPED 24/7 training session. RELEASE AND INDEMNITY - In consideration of TOTALLY PUMPED 24/7 accepting your application for membership and for you becoming and remaining a Member of the facility, you agree that TOTALLY PUMPED 24/7 shall not be liable for any loss, damage or theft of any property belonging to, or brought onto the premises by you occurring on said premises except where caused by gross negligence of TOTALLY PUMPED 24/7. Also that TOTALLY PUMPED 24/7 shall not be liable for any death, personal injury or illness occurring upon the premises or as a result of the use of facilities and / or equipment provided by TOTALLY PUMPED 24/7, except to the extent that such death, personal injury or illness arises from the gross negligence of TOTALLY PUMPED 24/7. 11. PRIVACY - TOTALLY PUMPED 24/7 acknowledges and respects the privacy of individuals. The information that is being collected on this document is for the purpose of processing your membership. The intended recipients of this information are TOTALLY PUMPED 24/7, it’s authorized staff and contracted service providers such as financial institutions and Government agencies covered by law. You will receive communications from TOTALLY PUMPED 24/7 from time to time updating you on items relating to your membership or promotions. TOTALLY PUMPED 24/7 uses a range of mediums to communicate with members including, but not restricted to, direct mail, email, SMS and telephone. If you do not wish to have your information that is contained in this document used for this purpose, TOTALLY PUMPED 24/7 will be unable to process your membership. You have the right to access and alter personal information, protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001). Full details of the TOTALLY PUMPED 24/7 Privacy Policy can be obtained on request or online at www.TOTALLY PUMPED 24/7.com.au. CODE OF CONDUCT - Suitable clothing (non-offensive) and appropriate enclosed sporting footwear must be worn. No bare chests or muscle shirts revealing nipples. It is appreciated that everyone wears deodorant and is aware of their own body odour. You must bring a clean full sized towel to use on all equipment (including mats) at all times and wipe down equipment after use. No spectators allowed unless they are a member or have paid a casual entry fee. Time limits on cardio machines where applicable must be adhered to. Weights and other training aids are to be put back in their correct place after use. No dropping weights or dumbbells. Shouting, bad language and swearing is unacceptable within the facility. No Smoking, No Alcohol, No Illegal Substances permitted inside or within the TOTALLY PUMPED 24/7 grounds. No shouting, pushing, bullying, fighting, belittling OR video recording of other members or Staff will be tolerated, we have the right to cancel your membership immediately with no refund.

Direct Debit Terms & Conditions

XPLOR DEBIT SUCCESS DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR Authorisation Form. INITIAL TERMS I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) APCA User ID 496485 to make periodic debits on behalf of the “Business” as indicated on DDR Authorisation Form (herein referred to as the Business). I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the DDR Authorisation Form, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the DDR as instructed by the Business. RELATIONSHIP I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. CLEARED FUNDS I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (“Day to Debit”) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution. VARIATIONS TO DEBIT TERMS I/We authorise the Business to vary the amount of the payments from time to time as provided for within the agreement with the Business. I/We authorise Debitsuccess to vary the amount of the payments upon instructions from the Business. I/We do not require Debitsuccess to notify me/us of such variations to the debit amount. I/We acknowledge that variations to the debit arrangement will be directed to the Business. I/We acknowledge that Debitsuccess/Business is to provide 14 days’ notice if proposing to vary the terms of the debit arrangements otherwise than in accordance with an agreed payment schedule. I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement will be directed to the Business. CANCELLING THESE DEBIT TERMS I/We understand that I/we are able to cancel this DDR by requesting this of the Business or the Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to. DISHONOURED PAYMENTS I/We acknowledge that: -if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges for each unsuccessful debit in addition to any Financial Institution charges and collection fees, including and not limited to any fees of solicitors and collection agents appointed by Debitsuccess; and -Debitsuccess may attempt to re-process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments. ACCURACY OF INFORMATION I/We acknowledge that it is my/our responsibility to ensure that the details entered on the DDR Authorisation Form are correct and that Debitsuccess is not liable to the extent that any such details are wrong and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the DDR Authorisation Form, I/we agree that Debitsuccess may continue to debit from a credit card in accordance with the terms of this Agreement to the extent that the credit card has expired, and that it wholly my/our responsibility to provide details of a replacement credit card to Debitsuccess via the Business. DISPUTES I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to contact the Financial Institution. OTHER AUTHORISATIONS I/We authorise: The Debit User to verify details of my/our account with my/our Financial Institution; and The Financial Institution to release information allowing the Debit User to verify my/our account details. INFORMATION SECURITY
Debitsuccess agrees that it will make reasonable efforts to keep any of your information contained in the DDR (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. Debitsuccess will only disclose information that we have about you: to the extent specifically required by law; or for the purposes of this Agreement (including disclosing information in connection with any query or claim). Should you have any queries in relation to these terms and conditions contact DebitSuccess Pty Ltd. PO Box 577, Mt Waverley, Vic, 3149 Phone: 1800 148 848 E-mail: customerservice@debitsuccess.com.

Important Information

IMPORTANT: PLEASE READ. UNLIMITED 24/7 Memberships. A STAFF MEMBER WILL CONTACT YOU DURING STAFFED HOURS TO SCHEDULE A TIME FOR YOUR 24HR ACCESS FOB COLLECTION & HEALTH CONSULTATION/PROGRAM START, IF REQUIRED.You can also arranged a time by phoning the gym: 03 5152 7400 during staffed hours or by email: reception@TP247.com.au or by messaging us on Facebook: www.facebook.com/TotallyPumped247 If you have a known medical condition or high blood pressure you must have a medical certificate.