PEAQ Terms and Conditions

INTRODUCTION:

Welcome to PEAQ. To ensure that PEAQ is able to provide a safe and comfortable environment these terms and conditions form part of and apply to the membership agreement between us and you. When you submit your membership application form, you are bound by and agree to comply with these Terms. You are entitled to commence using your membership benefits from the date stated on your membership agreement.

MEMBERSHIPS:

This section outlines understanding all membership options available at PEAQ. All PEAQ Memberships have a $35 Joining Fee.

Membership Type:

Performance Membership

Price: $22.99 per week | ($45.98 billed fortnightly)

Description: 24/7 gym access | Group class access | $150 cancellation fee if the minimum term has not been served | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 6 Months

Membership Type: Ultimate Performance Memberships

Price: $45.00 per week | ($90 billed fortnightly)

Min Term: 3 months

Membership Type: Recovery Membership

Price: $35.00 per week | ($70.00 billed fortnightly)

Description: Access to unlimited recovery services during bookable times on app | $150 cancellation fee | Access to Yoga and Pilates Classes | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 3 months

Membership Type: PEAQ Academy

Price: $45.00 per week | ($90 billed fortnightly)

Description: Access to academy sessions only under direct supervision of a coach | Monday to Friday 7am-8am OR Monday to Thursday 4.15pm-5pm / 5.15pm-6pm | Access to Lumin | $150 cancellation fee | 2 weeks written Cancellation Notice after Minimum Term

Min Term: 10 weeks

Membership Type: Rehab Membership

Price: $145.00 per week | ($290 billed fortnightly)

Description: 24/7 access | Small group rehab sessions 3 times per week Monday and Wednesday 7am-8am & Saturday 9am-10am | Individualised programming | Weekly check in with Physio | Unlimited access to Sauna, Contrast Baths, Normatec Pants and Hyperice and Venom products | Yoga and Pilates Class access | See out Minimum Term of 4 weeks

Min Term: 4 weeks

MEMBERSHIPS

Your membership period is outlined in your membership details, but it may be terminated early according to this agreement.

Ongoing Minimum Term Membership: An ongoing minimum term membership requires a minimum commitment, as stated in your membership details (Minimum Term) and the end date (Minimum Term End Date). After the Minimum Term End Date, your membership will continue unless you notify us in writing that you wish to cancel.

If your membership extends beyond the Minimum Term, it can be cancelled by you or us as per the Terms and Conditions. If you have a direct debit arrangement, payments will continue until your membership is cancelled in accordance with the Terms. You agree to follow the policies and rules related to your Membership Access Type.

We may change our staffed hours with 14-30 days' notice. If this affects your Membership Access Type, it's your responsibility to stay updated.

Membership payments are made fortnightly by direct debit from a nominated bank account.

Upgrading Your Membership: You may upgrade your membership at any time by completing an upgrade form and paying any applicable prorated fees.

Downgrading Your Membership: After your minimum term, you can request a downgrade by completing a downgrade form if you wish to remove any membership components.

Membership Hold: After your minimum term, you may hold your membership for a minimum of 2 weeks and for a maximum of 8 weeks (in 2 week increments) within a 12 month period. The deferral may be for any reason.

You must give us a minimum of 14 days notice by completing a membership hold form in order for your membership to be placed on hold after the initial 6 month contract.

Holds longer than the approved maximum 8 weeks may be available at the discretion of the facility. It is the responsibility of the member to contact PEAQ to discuss the duration and cost of the hold. Longer holds must be approved by Senior Management of PEAQ Performance Coaching Pty Ltd.

UNDER AGE POLICY

Members between the ages of 10 to 17 years are eligible for a membership subject to the following age policy and the following general terms and conditions:

The underage member must comply with all safety requirements of the gym as communicated to the member from time to time;  

The underage membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements; 

The under age member must comply with the applicable sections of the age policy; 

AGE: 14

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: STAFF HOURS ONLY

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian | Must be accompanied by Parent, Guardian or Exercise Professional

AGE: 15

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: STAFF HOURS ONLY

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian | Must be accompanied by Parent, Guardian or Exercise Professional

AGE: 16

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: 24/7 ACCESS

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian

AGE: 17

MEMBERSHIP: PERFORMANCE | ULTIMATE PERFORMANCE

ACCESS: 24/7 ACCESS

RESTRICTIONS: Must have a guarantor form filled in by Parent or Guardian

AGE: 10-17

MEMBERSHIP: ACADEMY

ACCESS: PEAQ ALLOCATED CLASS HOURS ONLY

RESTRICTIONS: Always with a Coach or Physio | Only during the allocated time frame of the classes | No 24/7 Access granted on the Academy Membership

AGE:10-15

MEMBERSHIP: REHAB

ACCESS: PEAQ ALLOCATED CLASS HOURS

RESTRICTIONS: Always with a Coach or Physio | Only during the allocated time frame of the classes

AGE: 16-17

MEMBERSHIP: REHAB

ACCESS: PEAQ ALLOCATED CLASS HOURS 24/7 ACCESS

RESTRICTIONS: Always with a Coach or Physio during Allocated class time | Can access gym 24/7

See below for the appropriate Under Age policy to ensure members are aware of the Restrictions and Access.

ACADEMY:

Responsibility for Academy Under Age Members on Academy Memberships:

If you are an academy member, you must have a parent or guardian's full consent to enter into a direct debit arrangement or a membership agreement. The parent or guardian will be financially responsible for your membership, regardless of who makes the payments. They must sign your membership application and agree to the terms on your behalf.

By entering into this agreement, your parent or guardian:

Assumes responsibility for ensuring you exercise safely and adhere to these Terms during your membership;

Agrees to indemnify us against any claims made by or on behalf of you that would have been excluded under this agreement if you were an adult.

Facility Access: Please scan in upon each entry so our coaches are aware of your arrival. Ensure that all academy members are physically signed out of the facility after gym sessions. Although we prioritise member safety and have staff on site, it is the responsibility of the parent or guardian to collect their child promptly after the session ends.

REHAB:

Responsibility for 10-15 year old REHAB Members:

Parental/Guardian Consent: Membership for individuals aged 14 requires the consent and signature of a parent or legal guardian. The parent or guardian assumes full legal responsibility for the underage members adherence to the terms of this Membership.

Access and Supervision: Access to facilities is restricted to REHAB allocated class hours. During these times, theunderage member must be accompanied by their parent, legal guardian, a suitably qualified coach.. Access is not permitted during unstaffed hours.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit. Permitted Usage: Usage for this age group is limited to:

Cardio equipment
Other equipment as prescribed by a medical or exercise professional
All activities must adhere to the conditions outlined above.

Responsibility for 16 & 17 REHAB Members:

Access is granted during PEAQ Rehab allocated sessions, both staffed and unstaffed hours, and the underage member is not required to be accompanied by their parent or legal guardian.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit.

All classes and equipment are available to these members, subject to any medical advice. All activities must adhere to the conditions outlined above.

PERFORMANCE/ULTIME PERFORMANCE MEMBERSHIPS:

Responsibility for for 14 year olds Members:

Access and Supervision: Access to facilities is restricted to staffed hours. During these times, the underage member must be accompanied by their parent, legal guardian, a suitably qualified personal trainer, or another approved exercise professional. Access is not permitted during unstaffed hours.

Eligibility for Passes: Members in this age group are not eligible to redeem Trial or Casual Visit.

Permitted Usage: Usage for this age group is limited to:

Non weight-based group fitness classes
Cardio equipment
Other equipment as prescribed by a medical or exercise professional
All activities must adhere to the conditions outlined above.

Responsibility for 15 year old Members:

Parental/Guardian Consent: Membership for individuals aged 15 requires the consent and signature of a parent or legal guardian. The parent or guardian assumes full legal responsibility for the underage members adherence to the terms of this Agreement.

Access and Supervision is allowed only during staffed hours; however, the underage member is not required to be accompanied by their parent or legal guardian. Access is prohibited during unstaffed hours.

Members in this age group may redeem Trial or Casual Visit, provided that their parent or legal guardian attends the gym on the first visit and signs as a guarantor on the waiver.

Usage for this age group is permitted as follows, subject to the aforementioned conditions:

All group fitness classes
All challenges
Weight-based equipment
Cardio equipment

Responsibility for members 16 & 17 year olds:

Membership for individuals aged 16 and 17 requires the consent and signature of a parent or legal guardian. The parent or legal guardian assumes legal responsibility for the under-age members obligations under this Agreement.

Access is granted during both staffed and unstaffed hours, and the underage member is not required to be accompanied by their parent or legal guardian. Members in this age group are eligible to redeem Trial or Casual Visits, provided that their parent or legal guardian attends the gym on the initial visit and signs as a guarantor on the waiver.

All classes and equipment are available to these members, subject to any medical advice.

GROUP FITNESS CLASSES:

Arrival: Please arrive 5 minutes before class starts to set up and warm up properly.

Warm-Up & Cool-Down: All members must participate in both the warm-up and cool-down phases of the class. Late arrivals may be denied entry for safety reasons.

Class Booking: Booking is required for all classes. Check the Fitness Timetable for details.

Consultation: Consult the Fitness Coordinator or Group Fitness Instructor for advice on class selection and attendance.

Policy Compliance: Management and the Fitness Coordinator may cancel your membership if you breach the Group Fitness Policy. We may update the policy to enhance health, safety, or other improvements.

Timetable Changes: Management reserves the right to modify the group fitness timetable.

Policy Violations: Violations will be addressed fairly, with warnings issued for less serious breaches. However, serious or repeated violations may result in immediate suspension or cancellation of your membership, as the health and safety of all users and property protection are our priorities.

HEALTH AND WELLBEING:

The health and safety of members is important to us. Exercise Screen Questions prior to joining.

Has your medical practitioner ever told you that you have a heart condition or have you ever suffered a stroke?
Do you ever experience unexplained pains or discomfort in your chest at rest or during physical activity/exercise?
Do you ever feel faint, dizzy or lose balance during physical activity/exercise?
Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
Do you have any diagnosed muscle, bone or joint problems that you have been told could be made worse by participating in physical activity/exercise?
If you have diabetes (type 1 or 2) have you had trouble controlling your blood sugar (glucose) in the last 3 months?
Do you have any other conditions that may require special consideration for you to exercise?

For a safe and effective exercise program, accurate health and fitness information is crucial. Please provide all relevant personal health and fitness details before starting any exercise program or activity, either through our pre-exercise questionnaire or in writing.

You must ensure that the information you provide is true, accurate, and not misleading. Do not attend or use our facilities if you have any illness, injury, or condition that could pose a risk to yourself or others.

Notify us immediately if there are any changes to your health or if you believe participating in activities could pose a health risk to you or others.

We reserve the right to cancel your membership or require medical clearance if, in our reasonable opinion, you do not meet the necessary health or fitness conditions to participate at PEAQ Performance Conditioning Pty Ltd.

CODE OF CONDUCT

You agree to follow any reasonable direction of a member or our staff relating to health, safety and gym etiquette.

ACCESS:

Members must scan their fob/phone app upon each visit to the facility. Activation of your membership consists of all the things you need to get your membership started, including New Member Starter Pack, Membership Card, Copy of your Agreement, Memberships Price List, Group Fitness Policies and Our Terms and Conditions. Membership fobs/phone app are for your use only, and must not be given to any other person to access the centre. This can result in the termination of your membership.

EQUIPMENT:

Members must immediately replace all weights and equipment upon completion of exercise, unload machines they use and must not leave equipment on the floor. This is a safety issue and will be strictly enforced. Members must immediately report any breakage or damage to equipment to the Fitness Co-ordinator, Group Fitness Instructor or Reception.

If you are not sure of correct use or operation please seek assistance from a staff member.

Members are asked to treat equipment and facilities with care. All Equipment within the PEAQ Facility belongs to PEAQ and can not be taken off the premises. Theft will result in immediate termination of your membership and further investigations with legal parties.

BEHAVIOUR:

Members and staff must always maintain appropriate decorum and respect others in the gym. Foul language and inappropriate behaviour are not tolerated. Any actions causing harm, discomfort, or risk to oneself or others, such as threats, harassment, deliberate damage, or drug-related offences, may result in immediate denial of access or cancellation of membership.

TOWELS:

Bring a Towel to the gym and to studio classes upon each visit. Members must use a towel when using the gym equipment. Please use the towel or wipes to wipe down any equipment after use for hygiene and sanitary purposes.

ATTIRE:

Members are asked to dress appropriately for their workouts and wear suitable training shoes at all times while in the fitness studio. No work boots, sandals, crocs permitted.

NON-SMOKING:

Our Gym is a non-smoking facility. Cigarettes and E-Cigarette are not permitted on the premises.

TAILGATING:

You must not admit other members or non members into the facility. If you breach this there will be a $100 fee. Use of PEAQ Performance Coaching Pty Ltd Membership memberships are strictly for members only. During sessions, there will be instances where casual entry is allowed for a fee, whereby individual's identity details and contact information are captured for our records.

COURT AREA:

Shoes must be worn on the court at all times.Basketballs must remain within the court area. At times the court space will be booked by PEAQ coaches or PEAQ members which means the court will not be in use during these times.

WET AREAS:

Bring your own towel to use within the sauna. Sauna is wiped down after each use. Please ensure you wear modest clean clothes such as bathers or active wear in Sauna and contrast baths. Separate Recovery Waiver must be signed to access Wet Areas.

NORMATEC PANTS:

Ensure Wipe down the legs, arms, or hip attachments inside and out with a damp, clean cloth or antiseptic wipe.

LOST PROPERTY:

Lost property will be kept for two weeks, after which if unclaimed, will be donated to charity.

VALUABLES:

We are not responsible for personal property that is damaged, lost or stolen whilst in or around the facility including but not limited to: a vehicle and its contents, any property left in lockers or any other areas.

CCTV:

PEAQ Performance is under 24/7 video recording. You acknowledge that video recording will occur within the facility (with the exception of bathrooms and change rooms).

MEDIA:

We have photographers and videographers assisting with content for PEAQ Coaches and PEAQ Teams. Content may be posted on Social Media Platforms for marketing purposes.

EMERGENCY:

You will follow Emergency Evacuation Procedures and will use the First Aid supplies respectfully if required. The inappropriate use, damaged, lost or stolen Duress pendant can result in a $100 fine. We supply a DEFIB onsite for severe emergencies. The inappropriate use, damaged, lost or stolen DEFIB can result in a $3000 fine if caused.

PERSONAL INFORMATION:

You agree that we may handle your personal information in accordance with the Privacy Act. You acknowledge and agree that we may use video monitoring in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around these facilities please contact us.

INTELLECTUAL PROPERTY

This membership agreement does not grant you any rights to PEAQ Performance Coaching Pty Ltd's logo, trademarks, or any other intellectual property associated with its business, techniques, exercise programs, or classes. However, any exercise program specifically created for you may be used during your membership for your personal exercise activities.

24/7 MEMBERSHIP ACCESS:

Your membership now grants you 24/7 access to the facility. Please refer to the Age Policy section for specific restrictions based on your membership type. By choosing this membership, you acknowledge that access outside of staffed hours will be unsupervised, and no assistance will be available during those times.

RISK ACKNOWLEDGEMENT:

I understand that despite PEAQ's efforts to ensure safe equipment, facilities, and services, there are inherent risks involved in using the gym. These risks include serious injuries or illnesses such as muscle strains, ligament sprains, bone fractures, spinal damage, heart attacks, strokes, permanent disability, death, or psychological illness. I am aware that these may affect my ability to work, participate in activities, and enjoy life. Potential causes of injury include:

Slipping on wet floors
Tripping on equipment
Being struck by weights
Collisions with equipment or other members
Strenuous activities
Incorrect use of equipment or facilities

I acknowledge that these risks are not exhaustive, and other unforeseen risks may also cause injury, illness, or death. I understand that injuries may result from my actions or the actions, omissions, or negligence of others. I accept these risks and assume responsibility for them by participating voluntarily.

NEGLIGENCE:

I acknowledge the risks of serious injury and, to the fullest extent allowed by law, waive any liability against PEAQ, its employees, volunteers, and Coaches on behalf of myself, my spouse, heirs, and executors. This waiver applies to any claims arising from injury, illness, or changes in my health (permanent or temporary) due to my use of the facilities or services, including but not limited to equipment use (supervised or unsupervised), change rooms, access ways, car park, and any advice or assistance provided by PEAQ.

SUPERVISION:

I understand that I may hold a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of the gym. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event that there will likely be no one to respond to my emergency and that the gym has no duty to provide assistance to me while I am at the gym.

I understand that even though the gym is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available during non-staffed hours. However, a first aid station, DEFIB and emergency alarms are located in the facility that, when activated, will alert emergency services. We highly recommend that if you are in the facility on your own that you utilise one of the portable distress alarms provided by PEAQ Performance Coaching Pty Ltd at all times in case of emergency. When activated these watches will connect to a security company who will contact 000.

The additional rules below apply to a 24/7 membership:

• Only one 24/7 member may enter the gym front door at a time during non-staffed hours

• Card sharing is strictly prohibited and will result in immediate loss of membership; card sharing is viewed by ownership as stealing services

• Only active account members will be allowed entry

BREACH OF MEMBERSHIP AND TERMS AND CONDITIONS:

In addition to our other rights under this membership agreement, we may terminate your membership by written notice to you if you:

Fail to act in accordance with any obligation under this membership agreement and, if the failure is capable of remedy, you do not remedy the failure within 14 days of giving you written notice requiring you to do so;

Verbally or physically abuse other members or our staff;

Behave in a way that we consider, acting unreasonable, brings us or PEAQ Performance Coaching Pty Ltd into disrepute. This includes but is not limited to:

Inappropriate use of public websites/chat sites; or

Conduct of illegal activities at PEAQ Performance Coaching Pty Ltd, including theft and prohibited drug use.

Fail to be inline with all other Terms and Conditions specified at the membership sign up process

ADDITIONAL SERVICES:

PEAQ Performance Coaching Pty Ltd may offer additional services that are not included in your membership and must be purchased separately (Additional Services). These services are subject to separate terms, including fees, which will be communicated to you. Additional Services are non-transferable between members.

Unless stated otherwise, cancellations for Additional Services with less than 12 hours' notice or non-attendance will result in forfeiture. Cancellations must be notified directly to PEAQ Performance Coaching Pty Ltd.

Arriving more than 15 minutes late may result in the session or consultation being cancelled and forfeited. Additional Services expire with your membership and are non-refundable. Written notice is required to cancel services paid via direct debit.

COMPLAINTS:

If you wish to raise any concerns or complaints regarding your services or facilities, you should first address it with your PEAQ Gym Manager. We will acknowledge receipt of your concern within 5-7 days. You can Email: info@peaq.com.au

CHANGES TO; MEMBERSHIP AGREEMENTS | OUR SERVICES | FACILITY

You acknowledge that we may in our sole discretion from time to time alter;

Our opening hours, group fitness timetable, facilities, items of equipment or any of the products and services we offer or supply; or

Our Price list and your membership fees that apply after the Minimum Term; or

Our Policies or rules (such as our Privacy Policy or Group Fitness Policy).

We will display the proposed change(s) at the facilities or on our website at least 14 days before the change. If we need to close temporarily for any reason, including but not limited to, renovation and/or building repairs and maintenance, we will place your membership on hold where the closure is greater than 14 days duration.

CANCELLING:

The preferred method is by visiting us and/or completing a cancellation form upon which you will be given your options regarding payment of relevant fees. You cannot cancel your membership verbally, we require written confirmation.

From the date of your written request to cancel your membership, one further direct debit is required plus a cancellation fee if applicable. You will be entitled to use the facilities and services during the notice period.

If you cancel your membership before the Minimum Term End Date (as applicable), you must pay us a cancellation fee calculated in the manner specified in your membership details (to the total of $150).

Your membership fees are required to be paid up to the date of the cancellation and fees owing by you prior to this date, are recoverable in full by us.

In the event that you make payments or authorise payments to be made periodically under your membership, upon receipt of a cancellation notice, we will immediately inform our membership administrator (or the relevant accounts department) that the deductions cease as soon as possible.

PERMANENT SICKNESS OR PHYSICAL INCAPACITY:

After your minimum term contract or by giving 14 days written notice and paying the dissolution fee, you may cancel your membership due to a permanent sickness or physical incapacity if you cannot exercise for a period of 6 months or longer provided that you give us:

Written notice of cancellation;

Providing a declaration from your medical practitioner, or a medical certificate stating that you cannot use our services because of your permanent sickness of physical incapacity; and

Any other supporting documentation to our reasonable satisfaction.

If we are satisfied that you are entitled to cancel your membership due to permanent sickness or physical incapacity, we will cancel your membership with immediate effect.

ADDITIONAL:

In consideration of PEAQ (26 Circuit Dr, Hendon SA 5014, Australia) allowing me to participate, I acknowledge and understand that I have voluntarily chosen to participate in training and recovery activities provided by PEAQ hereafter referred to as " the gym ".

Training activities:

Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability.

I agree to complete a pre-exercise screening form prior to attending. Please advise instructors of any illnesses or injuries prior to the start of class.

I agree that the gym is in no way responsible for the safekeeping of my personal belongings while I attend class.

I understand that the training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training sessions.

I understand there are inherent risks in all aspects of physical training and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results including, but not limited to, abnormal blood pressure, muscle soreness, fainting, heart attack and/or death. I warrant that I do not suffer from any medical condition that may affect my ability to participate safely in strenuous exercise.

I understand that should I feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer. I give the gym and the staff of the facilities I train in permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred. If I am signing on behalf of a minor child, I also give full permission for any person connected with the gym to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

Recovery activities:

The use of infrared saunas may have many health benefits; however, it is important that you fully understand how to use the sauna and gradually introduce your body to the infrared sauna therapy to produce the best results.

In all situations, hydration is a requirement for sauna use. Drinking filtered water or even advanced electrolyte replacement water is recommended before and after sauna use.

It is not advisable to use an infrared sauna under certain medical conditions and it is recommended that you consult a physician before use or if questions/concerns arise. It is solely your responsibility to monitor your body/reactions and determine if it is appropriate to use the infrared sauna. You alone are responsible for your safety and well-being.

Please consult your physician if you are in doubt of your ability to use the Far-infrared Sauna for health reasons.
Please discontinue the use of the sauna if you feel light-headed, dizzy or heat exhausted.
Clients using any medications must consult a physician or pharmacist prior to the use of the sauna.
Pregnant women should consult their physician prior to the use of the sauna. Excessive body temperatures have a potential for causing foetal damage during the early days of pregnancy.

The use of contrast baths may have many health benefits; however, it is important that you fully understand how to use the contrast baths and gradually introduce and allow your body to adapt to the variance in water temperatures to produce the best results.

For your first few contrast bath sessions, supervision by a coach is required to ensure you are safe and your body adapts to the variance in water temperatures.

It is not advisable to use contrast baths under certain medical conditions and it is recommended that you consult a physician before use or if questions/concerns arise. It is solely your responsibility to monitor your body/reactions and determine if it is appropriate to use the contrast baths. You alone are responsible for your safety and well-being.

Please consult your physician if you are in doubt of your ability to use the contrast baths for health reasons.
Please discontinue the use of the contrast baths if you feel light-headed, dizzy or experience any pain.
Clients with heart conditions or high blood pressure should consult their physician prior to use of the contrast baths.
Clients with skin infections, rashes or open sores cannot use the contrast baths.

The use of the NormaTec Recovery System may have many health benefits; however, it is important that you fully understand how to use the NormaTec Recovery System to produce the best results.

It is not advisable to use the NormaTec Recovery System under certain medical conditions such as acute pulmonary edema, acute thrombophlebitis, acute congestive cardiac failure, acute infections, Deep Vein Thrombosis, episodes of pulmonary embolism, wounds, lesions or tumor at or in the vicinity of application, where increased venous and lymphatic return is undesirable, bone fractures or dislocations at or in the vicinity of application and it is recommended that you consult a physician before use or if questions/concerns arise. It is solely your responsibility to monitor your body/reactions and determine if it is appropriate to use the NormaTec Recovery System. You alone are responsible for your safety and well-being.

The use of the the above devices may have many health benefits; however, it is important that you fully understand how to us them to produce the best results.

It is solely your responsibility to monitor your body/reactions and determine if it is appropriate to use the above devices. You alone are responsible for your safety and well-being.

Summary:

I acknowledge and accept the risks inherent in the use of the Training and Recovery Services and I voluntarily assume the risk of injury, accident or death, which may arise from the use of the Training and Recovery Services.

I agree to WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the gym, and its directors, officers, employees, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as "the Releasees").

I agree to RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in the programs, activities and services provided by the gym, due to any cause whatsoever including negligence, breach of contract, or breach of any statutory or other duty of care.

I agree to HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in any program, activity or service provided by the releasees. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

DIRECT DEBITS AND EZIDEBIT:

Clauses relating specifically to memberships being paid via direct debit

By nominating to pay via direct debit in your membership details you:

You may cancel your membership in writing by email or by postal address to us after your 6 month minimum term contract or by paying the dissolution fee. You must retain a copy of your cancellation notice.

Authorise us to deduct from your nominated account all fees and other charges for which you may be responsible under this membership agreement; and

Acknowledge and agree that you have read the Direct Debit Request Agreement (DDRS agreement) and agree the terms and conditions governing the debit arrangements between you and us set out in those documents.

For your Membership with PEAQ Performance Pty Ltd;

Membership fees are paid in advance. Debits will continue according to this agreement, regardless of facility usage.

Ensure your banking details are current. If they change, provide written notice 14 days before your next debit.

If a debit fails due to outdated details or insufficient funds, a $8.00 rejection fee applies from PEAQ Performance Pty Ltd. We will try to contact you and recover the payment and fee before the next debit. If unsuccessful, the amount will be added to your next scheduled debit.

Ezi Debit's Dishonour Fee for a missed payment is $21.90

Ezidebit Pty Ltd (ABN 67 096 902 813, Authorised Representative No. 320082) is an Authorised Representative of Ezi Management Pty Ltd (ABN 47 110 689 711), who is the holder of Australian Financial Services Licence No. 315388.Ezi Management Pty Ltd is a wholly owned subsidiary of Ezidebit.All financial products and services (Services) will be provided by Ezidebit,on Ezi Management Pty Ltd's behalf. Ezi Management Pty Ltd has authorised the distribution of this FSG.You can give us instructions by using the contact details set out in this FSG. Details of how to instruct us when using the services are set out in the PDS.

Debits that are unsuccessful may be transferred to one of our preferred debt collection agencies for collection. We reserve the right to cancel your membership and you will be responsible for the payment of outstanding membership direct debits, bank fees and cancellation charges. You will also be responsible for and pay us for all costs incurred by us in any attempt to collect monies owed by you to us under this Agreement including debt collection agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

As a result of referral to our external collection agency, the details of your outstanding debt may be listed with a credit bureau. In the event payments fall into arrears beyond 60 days of the original due date, upon failure to confirm receipt of the remaining balance in full, we reserve the right to report default for the remaining balance to a Credit Reporting Bureau. Such a default listing would remain on your personal credit file for up to five years, potentially inhibiting your ability to obtain future credit from other credit providers.

Should your membership be cancelled by us because of unsuccessful payments, and you wish to re-join you must pay all outstanding fees out in full. You may be required to pay a joining fee before you are permitted to re-join as a member of the PEAQ Performance Coaching Pty Ltd.

Once periodic debit payments are initiated as per this membership agreement, no notice of the debits will be issued to you. Receipts for direct debit payments made will be provided on request for periods of six months only.

Definitions & Interpretation

I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (herein referred to as "Ezidebit") to make periodic debits on behalf of the "Business" as indicated on the attached Direct Debit Request (herein referred to as "the Business").

I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.

I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.

I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.

Accordingly, 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, I/we agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.

I/We acknowledge that there may be a delay in processing the debit if:-

(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;

(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;

(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.

I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.

I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.

I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we agree to contact my/our financial institution.

I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee may be payable by me/us to Ezidebit. Where a failed payment fee is applicable, the amount will be as detailed in the Debit Arrangement of the Direct Debit Request.

I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.

I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.

I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.

Credit Card Payments

I/We acknowledge that "Ezidebit" will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business.

I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request

I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement).

I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.

Other than as provided in this Agreement or the Ezidebit Privacy Policy, Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. Ezidebit's Privacy Policy can be found at http://www.ezidebit.com/au/privacy-policy/

I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.

I/We authorise:

a) Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and

b) my/our financial institution to release information allowing Ezidebit to verify my/our account details.

Ezidebit AU Direct Debit Request (DDR) Service Agreement (Version 1.12)

Please print and retain for your records. This Direct Debit Request Service Agreement (Agreement) forms part of the terms and conditions of your Direct Debit Request (DDR). Debiting Your Account

By agreeing to the DDR you authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 342190, 342191, 428198) (referred to as Ezidebit) to make debits to your nominated account.

The debit will be processed on the next business day after the direct debit date if:

a payment request is received by Ezidebit after Ezidebit's usual cut off time, being 3:00pm Qld time, Monday to Friday;

There is a public or bank holiday on the day when the debit transaction is due to be processed or on any of the following days until the debit is processed.

You authorise Ezidebit to attempt to re-debit any unsuccessful payments. You will also be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.

Ezidebit may charge you certain fees (including setup, variation, SMS or processing fees) where applicable under your debit arrangement.

Your Responsibilities

It is your responsibility to:

Ensure that your nominated account can accept direct debits;

Ensure that the details on the DDR are correct, and the bank account has been verified against a recent bank statement;

Ensure that all authorised signatories nominated on the financial institution account to be debited authorise the DDR;

Ensure that there are sufficient cleared funds in the nominated account, as a failed payment fee may be charged by Ezidebit if a debit is returned by your financial institution as unpaid;

Advise immediately if the nominated account is transferred or closed or your account details change;

Arrange a suitable payment method if Ezidebit or the Business cancels the drawing arrangements.

Cancelling or Changing Direct Debits

Subject to the terms and conditions of your agreement with the Business, you may cancel, alter or defer the debit arrangement by contacting the Business a reasonable time before the date that the drawing is to be made.

You authorised Ezidebit to vary the amount of the payments from time to time upon receiving instructions from the Business of a variation provided for within your agreement with the Business. In all other cases, changes to the amounts or dates of a series of direct debits require 14 days' prior notice.

If you believe that there has been an error in debiting your account, you should notify the Business as soon as possible. The Business will notify you of its determination and the amount of any adjustment that will be made to your nominated account (if any). Upon receiving instructions from the Business, Ezidebit will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.

You agree that Ezidebit will not be liable for any disputed transactions resulting from the supply or non-supply of goods and/or services by the Business and that all disputes will be directed to the Business (as Ezidebit is acting only as an agent for the Business).

Confidentiality

We will keep your account details and direct debit records confidential in accordance with Ezidebit's Privacy Policy, except where the disclosure of certain information to your financial institution is necessary to enable us to act in accordance with your drawing arrangements. We may disclose the information in the event of an alleged incorrect or wrongful debit, in relation to a claim, or otherwise as required by law.

Contact

If you wish to contact Ezidebit about anything relating to this Agreement, you should contact:

Ezidebit

PO Box 3327, Newstead, QLD 4006

Ph: 1300 763 256 Email: support@ezidebit.com.au

https://www.ezidebit.com/en-au/contact

The following Ezidebit fee(s) may be applicable:

Payer Dishonour Fee $21.90

By agreeing to this form, I / We authorise Ezidebit, acting on behalf of the Business, to debit payments from my specified Credit Card above, and I / we acknowledge that Ezi* will appear as the merchant on my credit card statement.

PEAQ Terms and Conditions

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