Schedule 1 – MEMBER INFORMATION

• 1. Thanks for joining the GeeFit Training Club family. The basic membership terms and conditions explain how we want the relationship to work. If you have any concerns or issues about the services offered you should contact the Manager of your Gym and if that does not work use the complaints scheme on the website.
• 2. Our goal is to deliver outcomes that move our members towards their agreed goals. The legal stuff is below (because we were told it is required). Thanks for being part of our wellness and happiness community. Some of the words in this agreement have special meanings and those are defined at the end of the agreement.
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• HEALTH & SAFETY (important stuff)
• 3. When you become a Member and each time you use a Gym or participate in a Class, you must ensure that:
• 3.1. you are in good physical condition and know of no medical or other reason why you should not exercise, that you have not disclosed.
• 3.2. you do not have any undisclosed 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:
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• 3.2.1 participating in exercise; or
• NOTE: If unsure about any of the matters set out above, you should not use the Gym or participate in a Class until you have been given the go-ahead by an independent medical adviser.
• 3.3. You must not participate in a Class if:
• 3.3.1 you have an infection, contagious illness or physical ailment, such as an open cut or sore 3.3.2. there is any other risk, however small, to other Members and Guests.
• 3.4. You expressly agree that participating in strenuous physical activity may not be suitable for all persons. Use of any item of equipment without instruction or contrary to instructions from an instructor is unwise and you agree NOT TO DO IT. Acting imprudently may result in injury or death.
• 3.5. You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.
• 3.6. You accept the information you give us will be relied on as being true and accurate. This will inform the training activities planned and if misleading in any way we are not responsible for an adverse outcome.
• 3.7. We may suspend or cancel your Membership if we have reasonably suspect that you have not complied with these principles of disclosure. (This is for the benefit you and us, so be frank)
• PRIVACY (the next most important stuff)
• 4. 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. Your personal information may be:
• 4.1. transferred to and stored on our computing systems (this may include the cloud);
• 4.2. disclosed to and used by GeeFit LLC for the purpose of statistical analysis.
• 4.3. By agreeing to these Terms, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with the Terms and our privacy policy. In particular, you consent to the transfer and storage of your personal information to the GeeFit LLC computing systems.
• 4.4. You can access our privacy policy by contacting us in writing at any time. You can access the complete privacy policy at gee-fit.com or ask one of the instructors and we will print it out or send it to you by email.
• 4.5. You must tell us if you have a change to your health that may impact training. Also if your contact or payment details change.
• 4.6. You agree that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. We will not use those images unless you agree (unless you appear incidentally in the back of a sequence or similar). If you agree to being recorded that agreement allows us (for any legitimate purpose including marketing) to promulgate that recording.
• FEES & TERM (the money stuff)
• 5. The Fees you have to pay and the terms of this Agreement are set out in the Details.
• 6. If you fall behind in payments, your Membership may be suspended and you could be refused access to the Gym until payments are up-to-date.
• 7. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts.
• 8. If you pay any Fees, by direct debit, you will be provided with a copy of Direct Debit Payment Agreement.
• 9. By nominating a credit or debit account, you authorize us, to deduct from that account all Fees and other charges you are responsible for under this Agreement.
• 10.You must keep your account details up to date and ensure there is enough money in your nominated account on the usual payment, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in your nominated account on the usual payment day, or there is another reason that your account was unable to be debited you may be in default. That sum may be added to your next debit amount.

• 11.4. If your failure to follow the rules causes injury or loss to another member or the Gym you agree to indemnify the GeeFit LLC for any costs that flow from your action or inaction which is contrary to
• the rules.
• 11.5. If you are not sure how to operate any equipment, you agree you will ask an Instructor or another staff member before you use it.
• 11.6. You agree to pay for any loss or damage to the Gym and its equipment caused by you, as long as it is reasonably established it is a result of your breach of this Agreement.
• 11.7.GeeFit LLC will take reasonable care to protect your valuables, but it is a gym, not a bank. You are liable for the goods you bring to the gym or an offsite activity. It is generally prudent NOT to bring expensive items to the gym, as they are likely to be unattended.
• COMMERCIAL ACTIVITY
• 12. The gym is a business, you agree you will not undertake or promote a competing business while in attendance.
• SUSPENDING YOUR MEMBERSHIP (going away ?)
• 12.1. You may suspend your membership if for some reason you are not able to attend the gym for an identifiable period. GeeFit suspension without penalty (as long as you are up to date) In any 12-month period you may freeze your Membership 2 times for up to 6 weeks for both periods combined. If it is for a holiday, we hope you have a great time (and do some maintenance work on the body and soul while you are gone)
• 12.2. If you are going for a longer period we may agree to freeze your Membership for more than the period above. Just let us know and provide a sound reason.
• CANCELING YOUR MEMBERSHIP
• 13. We do not want you to go, but if you can’t use the gym for any sound reason (e.g. chronic illness, moving or the like let us know in writing and we will cancel your membership. Some level of supporting documentation may be requested.
• 14. If you cancel under the above clause we can charge you the Admin Fee. You will remain liable for Fees incurred to the date of cancellation.
• 15. A Cancellation Fee is payable if you want to cancel your Membership for your convenience during the term of your agreement. The fee is half the remaining balance of the fixed term of your membership agreement.
• 16. If your Agreement is for a fixed term, it will continue after the end of that term unless you tell us otherwise. In that circumstance your membership will be monthly and any fees and charges will be adjusted as the general fees charge for the gym from time to time (but not very often). To cancel that continuing agreement send us a note and the term will end at the next anniversary of the current monthly period.
• 16.A. If you are on a 28 day trial/challenge or any FREE trial you have the opportunity to terminate your contract anytime, once you have completed the challenge/trial you decide if you want to become a full time member or not. If you do become a member we have a commitment plan of 24 weeks training. PLEASE NOTE- any participant of a trial or challenge doesn't have to continue after the trial/challenge period- simply email info@geefit.com during your trial period to let us know you don't want to continue. Once you are a full paying member you can suspend your membership during the 26 week period but you will be required to complete 26 weeks of a paying membership at GeeFit before terminating your contract.
• ​16.B. Once you are an ongoing member, you are required to give 28 days notice for any cancellation of your gym membership, if you want to cancel your membership you just need to complete a cancelation interview in the gym with a GeeFit staff member and sign the cancelation document.
• TERMINATION (What happens if you are bad)
• 17.GeeFit maintains the right to terminate membership and return the unused p-ortion of any fees paid if you breach these terms. If the issue can be fixed and you do so in a reasonable time to the satisfaction of GeeFit the termination may not proceed. In the event of a serious breach of these rules the membership may be terminated instantly by the most senior representative of GeeFit at the gym or offsite activity.
• 18. In becoming a member GeeFit relies on your undertaking that you’re not bankrupt or insolvent and are able to pay applicable Fees at the time of signing. You agree that you will tell us promptly if you believe you will be unable to pay your Fees for an extended period. We reserve the right to cancel your Membership if you become bankrupt or insolvent.
• OUR LIABILITY
• 19. If you agree to these Terms, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
• 20. Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.
• GUESTS (you can bring friends)
• 21. As a member you can bring a friend however, you are:
• 21.1. Responsible for their behavior, (in effect if they break equipment or the rules you are responsible) and
• 21.2. Any relevant fees for the guest.
• 22. Each Guest agrees to and must otherwise comply with these rules and behave as do the other persons at the gym.
• GENERAL LEGAL MATTERS
• 23. We endeavor to operate for all of the published hours but are not responsible if Members cannot use our Gym because of an event outside our control (think fire, flood cyclone, civil riot, roads being closed etc). If access continues past 7 days then either you or we can cancel this Agreement immediately by written notice and no fee will be applied to the period access was denied in excess of seven days.
• 24. If a court decides that part of this Agreement is unenforceable for any reason that part is of no force but the remainder of the agreement remains in operation.
• 25. The option to exercise a right under the agreement that resides with GeeFit LLC is not waived if it is not enforced. All rights resident in GeeFit under the agreement are discretionary.
• 26. This agreement is to be interpreted in accordance with the laws, and if we have a disagreement about what the agreement means it will be a court or tribunal of that State that shall decide the rights of us and you.