THIS IS AN IMPORTANT DOCUMENT

Please read it carefully.

Thank you for becoming a Just Sports 'n' Fitness member.

With any contractual agreement, it is important that we outline the terms as simply and thoroughly as possible. Please take the time to read through this booklet carefully to avoid any confusion. It is important that the terms of the contract between you and us are clear and for this reason, if there is any conflict between what is set out in this booklet and anything you have been told at the club or over the telephone, the terms in this booklet will prevail. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a contract to rectify any miscalculation reflected within the Application and Contract and you, as the member, have a 7 day comfort guarantee whereby you may cancel the Application and Contract on written notice. Please refer to Paragraph 12 (Comfort Guarantee).

The booklet is broken up into the following sections:

Part A - sets out the process for becoming a member and the formation of a Contract, and the terms and conditions of your membership.

Part B - sets out the key Rules at the Club. Please also refer to other signage and handouts.

Part C - sets out the Direct Debit arrangements regarding payment of your membership and their fees. It forms part of your Membership Application and Contract.

Part D - sets out the Privacy Statement and Acknowledgement.

You should read this document carefully before you agree to become a member of Just Sports n' Fitness and keep it in a safe place to refer back to from time to time. NOTE: If, after agreeing to become a member of Just Sports n' Fitness, you decide you do not wish to proceed, please refer to Paragraph 12 (Comfort Guarantee)

If you do not understand something in this booklet, please ask your Customer Care Manager at your Club or call 1300 55 77 99. They will be happy to assist you.

Please be advised that these Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Paragraph 22 (Change of Rules/ Operations). Please note: the most up to date Terms and Conditions Booklet and Rules will always prevail and will be available at your local club.

DEFINITIONS

In these Membership Terms and Conditions the following definitions apply:

Just Sports n' Fitness, Company, we, us, our

means Just Sports n' Fitness Australia Pty Limited

You, your

means the member of Just Sports n' Fitness

The Club

means the Just Sports n' Fitness club where you applied for membership

Home Club

is the club which you joined and will use only (or in the case of Passport, the most)

Club

a Just Sports n' Fitness health club

Contract , Agreement, Application

means the Application and Contract between Just Sports n' Fitness and you under which you will become a member of Just Sports n' Fitness

Minimum Term

means the term specified in the Application and Contract form

Rules

means the rules regulating the operation of equipment, opening hours, behaviour in the club specified in signage and handouts

MEMBERSHIP CATEGORIES

BLACK LABEL - allows use of all Just Sports n' Fitness health clubs in Australia* (including access to exclusive "Black Label" facilities in your Home Club only) and limited use of clubs worldwide**.

PLATINUM PLUS - allows use of all Just Sports n' Fitness health clubs in Australia* [excluding access to all exclusive "Black Label" facilities] and limited use of clubs worldwide**. This membership also allows limited access to complimentary towel hire [maximum two towels per visit] and quarterly program reviews at your home club only.

PLATINUM - allows use of all Just Sports n' Fitness health clubs in Australia* (excluding access to all exclusive "Black Label" facilities) and limited use of clubs worldwide**.

PASSPORT - allows use of all Just Sports n' Fitness health clubs in Australia (including Platinum clubs upon payment of a nominal usage fee per visit. Details to be supplied by calling the relevant Club prior to arrival. Excludes use of "Black Label" areas)* and limited use of clubs worldwide**.

HOME - allows use of the Home Club only.

OFF PEAK - (including Student, Senior and Weekend Warrior memberships) allows access to the Home Club with restrictions as to time limits (which may vary from club to club). These details can be obtained from your Home Club Customer Care Manager or by calling 1300 55 77 99.

PREMIER/PAY AS YOU GO - is a fortnight to fortnight continuous payment plan.

LIFESTYLE (L/S) - is a minimum of 26 full fortnightly payments and cannot be cancelled during this period except as outlined in Paragraphs 12 or 13. Thereafter the contract will continue to run on a fortnight to fortnight basis until cancelled in accordance with Paragraph 14. NOTE: As outlined under Clause 20, reduced payment options like Time Freeze, pro-rata fees etc are not classified as a full payment.

NOTE: ACT Members Only - All memberships will need to be renewed up to every 15 months.

** If travelling overseas, an Overseas Passport pass must be arranged through a Club prior to departure. Access to overseas clubs is limited to the number of visits per calendar year we nominate from time to time. All information will be given to you in writing on the Overseas Passport issued by the Club. Please note: you must be a current Passport, Platinum, Platinum Plus or Black Label member to be eligible.

Part A

MEMBERSHIP TERMS

1. CONTRACT FORMATION - a contract arises between us once the Contract has been signed and we accept the Contract. This Contract will be governed by the laws of the state in which your Home Club is located.

2. ACCEPTANCE BY Just Sports n' Fitness OF THIS CONTRACT - It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this booklet and anything you have been told at the club or over the telephone, the terms in this booklet will prevail unless a staff member acknowledges discussion. Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify any miscalculation reflected within the Application and Agreement.

3. CLUB ETIQUETTE - You must comply with the Rules. Certain clubs have facilities with higher risk areas (including, but not limited to play zones/junior care, swimming pools, steam rooms and saunas). You must ensure you read, understand and abide by the Rules outlined for the club in both signage and handouts, particularly those applying to these areas.

4. MEMBERSHIP ENTITLEMENT - Your membership entitles you to use the club in accordance with these terms and the rules of the club. Your obligations are not dependent on the amount of times you utilise the Club. As a member you are entitled to use the facilities of the Club only during the specified times and in the club locations as set out in your membership type. Memberships are non-assignable, non-transferable and non-refundable except as permitted in these Membership Terms and subject to law. Refer to clauses 12 to 16.

5. MINIMUM AGE - Membership is limited to persons who are at least 14 years of age (unless medical clearance is given). All members who are less than 16 years of age must be supervised by an adult when using the club facilities. If under the age of 16 years, a parent or guardian must complete your pre-exercise questionnaire. If under 18 years old, we may specify certain programmes, classes and activities where children may participate without adult supervision and which may be subject to additional fees due to any additional supervision requirements imposed on us by law. NOTE: You must be at least 16 years of age to participate in weight-based group exercise or resistance training and it is highly recommended that a programme is paid for to develop a suitable programme for the individual under the age of 18 years of age.

6. ACCESS TO CLUB - You are required to be issued with an Access Card when joining and have your photo attached to your account via our digital membership tracking system. Entry to the club without a valid Access Card or digital photo is at our discretion (photo ID will be expected). You must not loan your Access Card or permit its use by anyone other than you. Your Access Card remains our property and should be returned to the club on termination. Replacement cards sold at a nominal charge (currently $15.00).

7. 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 serious inappropriate behaviour that is threatening or harassing, and includes damaging equipment in the club and perceived risks, including but not limited to, the use of illegal or performance enhancing drugs. Warnings for any breach of these Membership Terms and Conditions or failure to comply with club Rules or acting unreasonably will result in a 1st warning. Should a second warning be required, then immediate cancellation of your membership will be made.

8. PAYMENT OF FEES - All continuous memberships are paid fortnightly in advance. All merchant fees associated with credit card payments can be recovered from your nominated credit card account (if applicable). At this time a merchant service fee of up to $1.00 per transaction is applicable to payments made from American Express credit card accounts. If they are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you. (Please see the discussion relating to late fees outlined under Clause 11). We will use reasonable endeavours to give written notice to the most current address you have supplied at least one fortnight prior to this occurring. Notice may also be given via telephone or face to face. Please note: should we debit an account where we have no authority, we agree to refund these debits plus any overdrawn charges proven to this debits fault.

9. ADMIN FEE - Is a fee used for all set up costs of a new or renewing membership. This fee is non refundable, even if you choose to cancel your membership in your Comfort Guarantee period. Please note: the amount is outlined on the front of your Membership Contract.

10. PRE-PAID MEMBERSHIP

ADVANCE PAYMENTS - You may choose to make advance payments of your fortnightly dues up to any time limits imposed by law. Payments can be made at any club. Please be advised that you are still required to provide details of your direct debit account for immediate direct debit after the initial period (the period paid for in advance).

UP-FRONT MEMBERSHIPS - As an alternative to a continuous direct debit membership you may choose to purchase a 1,3 or 12 month (Home/Passport). If you choose one of these options and wish to renew it, in order to avoid the imposition of a joining fee upon renewal of your membership, you must renew it before it expires. You may renew your membership upon payment of the membership fees and administration fee current at the time of renewal. Your renewed membership will be on the membership terms current at the time.

11. MONEY OUTSTANDING/NO ACCOUNT DETAILS - If any amount payable for your membership is not paid on the due date, access to the Club will be suspended until such time as payments are up to date (late fees of up to $35.00 per transaction, as outlined by your relevant bank, and recovery costs of up to $50 may be charged). Any monies outstanding for other services in the club e.g. Personal Training late fees may be automatically deducted from the supplied account/credit card details if not paid at the club. PLEASE NOTE: we will not allow you access until full direct debit details are provided.

12. COMFORT GUARANTEE - You have a 'comfort guarantee' period of 7 days commencing on the date a Contract is formed, or in the case of a new club, the grand opening date. If you wish to utilise this period to cancel your membership, you are required to tell us in writing (preferably on the form supplied by us) that you want to cancel your membership during your Comfort Guarantee Period. We will cancel your Contract and refund to you your initial payment less the administration fee. After the Comfort Guarantee Period ends, if you wish to terminate/cancel the Contract, you must pay certain fees to us. The particular amount of fees payable varies depending upon the reason that you are terminating the Contract. Please refer to the following cancellation provisions outlined for full details in relation to your right to cancel your membership and the fees payable in those circumstances.

13. CANCELLATION/TERMINATION WITHIN MINIMUM TERM -

You can cancel your membership prior to the expiry of the Minimum Term if you become subject to medical incapacity, if you relocate to an area not within 30 kilometres of a Just Sports n' Fitness Club, become bankrupt or if we make changes to the Contract which adversely affect you (refer to Clause 15). For cancellation due to medical incapacity or relocation, you will only be permitted to cancel your membership if you produce supporting documentation to our satisfaction (in the case of medical reasons, by a qualified medical practitioner certifying that you are sick or incapacitated from undertaking any exercise regime for a period of 12 months or the remaining term of your membership, whichever is the LONGER and in the case of relocation, by an agent or employer certifying your relocation). In either of these cases, if you are not on a Family &/or Friends membership type you may choose to transfer your Membership Contract to someone you introduce to the club and who has not been a member of Just Sports n' Fitness for a minimum period of three months (relevant fees will apply). In this case the departure fee will be waived. If you do not choose this option, a departure fee will be charged depending on the number of fortnights left on the contract. Please refer below.

CANCELLATION 'DEPARTURE FEE' (this may be waived in special circumstances e.g. bankruptcy and permanent sickness or incapacity): This fee upgrades your membership to a premier option (which would have been offered to you on joining) to allow cancellation of your contract within the minimum term period and is only offered for the reasons outlined above. For the remaining time of: 4-12 weeks $100, 13-26 weeks $150, 27-40 weeks $170 and 41-52 weeks $200 will be payable.

If you wish to cancel for any other reason, you may do so by paying the remainder of your contract out (departure fee). This is calculated by multiplying your fortnightly fee outlined on your contract times the number of fortnights left on your minimum term. This total is to be paid on request of the cancellation.

14. CANCELLATION ON OR AFTER THE MINIMUM TERM - You can cancel your membership on or after the minimum term if you give us 2 full fortnights notice. Your termination notice must be in writing (preferably on a form supplied by us) and delivered to your club. You cannot claim a Membership Time Freeze and skip the notice period. To be clear, a Time Freeze is not available during your notice period. Where either of us terminates your membership any fees that you have not paid (for example, if you had not paid for the previous fortnight) will need to be paid or we may take action to recover the outstanding payments.

15. CANCELLATION WHEN CHANGES MADE TO TERMS & CONDITIONS OR WE BREACH OUR OBLIGATIONS - You may end your contract at any time by giving the relevant notice outlined in the paragraph previous to this if we change or add to these Membership Terms and Conditions, Club Rules or Club services and facilities or if we are going to change the membership fees applicable to your membership which adversely affects you. Proof to this effect may be requested. Where we are in breach of our obligations under your contract and we have not remedied that breach within a reasonable time after you have brought it to our attention in writing, you can end your contract at any time by giving us the relevant notice outlined in the paragraph previous to this. No fees will be applicable in these cases.

16. REFUNDS - You have a 'Comfort Guarantee' period which commences on the date the contract is formed, or in the case of a new Club, the Grand Opening date, and will end 7 full days after this period where you will be refunded your initial payment less the administration fee -if you decide you do not wish to proceed with your membership application. This request must be made in writing within this period, preferably on a form supplied by us. After this period you are not eligible for any refund of money which you have paid to us for any reason. Should you pre-pay for a programme, a refund will be granted if the programme is cancelled or if you can show, with supporting medical evidence that the programme will cause you physical harm or result in physical injury to you or as otherwise required by law.

17. MEMBERSHIP FEE INCREASE - We reserve the right at any time, after the minimum period on a contract, to increase the fees to be charged, and will use reasonable endeavours to give written notice to the most current address you have supplied at least 30 days prior to this occurring. You will be taken to have received notices sent to your latest address given to us on the second business day after we post them. If membership fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise the Company to increase any direct debits to your credit card or bank account which you have authorised upon joining (or on a separate date - whichever the most current) accordingly.

18. CHANGE IN GST RATE - All fees payable under the contract are "GST inclusive". If the rate at which GST is charged changes then the fees payable under the contract will increase or decrease by the amount by which GST increases or decreases. This increase or decrease will occur even if you are within your minimum term.

19. DEFERRED PAYMENTS - Where joining fees or other fees have been deferred (as shown on your membership agreement), you hereby authorise us to increase direct debits to your credit card or bank account which you have authorised accordingly for the number of instances shown on your membership agreement until those deferred fees are paid in full.

20. TIME FREEZE - Membership Time Freeze is available for a minimum of 4 weeks (in multiples of 2 weeks) to a maximum of 14 weeks per calendar year (with a fee of $10 for each fortnight that you wish to freeze your membership. This fee can be paid on direct debit or in advance) provided that all amounts payable for membership dues are paid up to date. Time freeze periods must commence and end on a day that your membership fees are payable. Additional periods (no longer than 18 fortnights) are available for travel or medical reasons upon production of supporting documentation to our reasonable satisfaction. Time Freezes may be applied for in writing, and must be handed in/advised to us at least 14 days prior to the commencement of the Time Freeze. NOTE: No pro-rata of direct debits will be done; the debit will only be frozen for the direct debit/s that falls within the Time Freeze period. For up front memberships of 3 months or less, time freeze is not available.

21. OPERATING HOURS - Each club's operating hours may differ between clubs and are available upon request at the Club, visiting www.fitnessfirst.com.au or by calling 1300 55 77 99.

22. CHANGE OF RULES/OPERATIONS - We cannot guarantee that we will not need to add to, change or remove Rules, conditions of membership, including but not limited to the Membership Terms and Conditions, opening and closing hours and the services and facilities offered by the Club from time to time. Any such additions, deletions or changes will be notified to you through either the newsletter/magazine published from time to time by us and/or notice in the club or to your last known address in writing or by phone with at least 30 days notice. If at any time the operations or services of a club are temporarily or permanently suspended for any reason, we may (subject to availability) by written notice to you offer either the transfer of your membership to another Just Sports n' Fitness club, or grant you complimentary Time Freeze or you may cancel your membership as outlined in Clause 15. Subject to any applicable law, you won't have any other claim against us if this happens. NOTE: We won't use this right to vary the terms of any special offer which applies to you unless within the 5 day period after signing where a miscalculation has occurred.

23. COMPLAINTS & FEEDBACK - We see both complaints and feedback as gifts. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, we have empowered our clubs to assist you with any queries and Just Sports n' Fitness has developed a supporting escalation process with the assistance of the consumer affairs department should you feel the complaint/feedback has been handled inappropriately. The initial complaint is always directed immediately to the relevant Head of Department within the club whose role it is to contact you within a week (where possible) to discuss or resolve. Should you feel that it has not been resolved effectively, then it may be escalated to the Club General Manager who will in turn contact you. Should you wish to escalate again, the Club General Manager will discuss your concerns with the Regional and/or National Manager (of the relevant department) to see if anything has been missed and the Club General Manager will re-contact you with either the same or alternate solution (whichever is applicable). Should you feel that you would like it addressed further, you can then put your complaint in writing (to escalate to this level, it must be made in writing to ensure a thorough investigation may occur) and forward it to the Service Compliance Committee at PO BOX 715, Bondi Junction NSW 1355 or scc@fitnessfirst.com.au. The complaint will then be reviewed by a panel of staff and a resolution/response sent back to you in writing within 21 days of receipt (NOTE: All letters forwarded to the MD are referred to this Board). The Service Compliance Committee will only review complaints after the Head of Department and Club General Manager at the Club have had an opportunity to resolve it. All communication will be referred back to the Club automatically if this has not taken place.

24. CHANGE OF DETAILS - You must keep us informed of any change of address, email address, contact numbers, bank account & credit card details for payment and any other information relevant to your membership.

25. GUIDANCE - You have an opportunity to try Personal Training at a reduced rate or attend a complimentary orientation on joining the Club. Should you choose not to do so, we encourage you to attend our free Team Training sessions as a minimum. Guidance may not be offered whilst you exercise in the Club otherwise. If you believe that there is a risk to your health by participating in any of the fitness activities offered at the Club, you must inform us in writing of that risk and give full details of the risk. You will update your details and let us know if your medical condition changes after you join us. We may, at our discretion, deny your membership application until you receive medical clearance from your doctor to proceed with an exercise program at the Club and/or until you have received advice as to an appropriate exercise program. We strongly recommend that medical clearance is obtained prior to starting any form of exercise.

26. RISK WARNING - It is your responsibility to ensure that you correctly operate or use any facilities and/or equipment provided in any Club, including the adjustment of levels or settings on the equipment. If you are in any doubt as to how to correctly operate any equipment you should consult a member of staff before use.

27. RESPONSIBILITY FOR DAMAGE - You are responsible for any damage which you or your guest may cause to the Club facilities, if such damage is caused by your wilful act or negligence.

28. CONTRACTORS - Some contractors, tenants and franchisees provide some of their services, such as personal training, physio and massage within the clubs. Fees for services are paid directly to these contractors, tenants and franchisees. We take no responsibility for the fees paid to these contractors, tenants and franchisees. Any claim which you might have as a result of an act or failure to act by such a contractor, tenant or franchisee (whether or not payment has been made to the contractor, tenant or franchisee) will be brought against, and will be the responsibility of, that contractor, tenant or franchisee and not us. You hereby release, and indemnify and keep indemnified, us for any claim suffered by you as a result of an act or omission by a contractor, tenant or franchisee in the Club. We will at all times assist, where possible, to resolve any conflict or issues with these contractors, tenants and franchisees and will ensure that relevant qualifications and insurances are kept up to date for all Personal Trainers. Only Just Sports n' Fitness franchised Personal Trainers may operate on Just Sports n' Fitness premises.

29. IMAGE - By signing this Contract you consent to us using your image in any promotion or other material in relation to the business. Please note: this is only applicable if you are filmed in the background.

30. YOUR PHYSICAL CONDITION - You promise and represent on the date of the Contract, and repeat such promise and representation each time you use our facilities, that you are in good physical condition and that you know of no medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition. Just Sports n' Fitness staff and many contractors are not medically trained and are therefore not qualified to assess whether you or your guest are in good physical condition and/or that you or your guest can engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition. We strongly advise you take expert advice prior to commencing any exercise program if you are in any doubt about your or your guest's ability to engage in active or passive exercise. You shall not use any Club facilities 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.

31. CLAIMS - From time to time we may have to close a club for refurbishment. If a club is closed for more than 2 days for these reasons, you may, without charge, transfer your membership to another Just Sports n' Fitness club of the same standard or freeze your membership for the period of closure of the club. You cannot seek any reduction in your membership fees because your club is closed either for renovations or on a public holiday. Please refer to Clause 15 for a discussion outlining the circumstances under which membership may be cancelled on the basis of a breach of Just Sports n' Fitness's obligations.

32. UNENFORCEABLE CLAUSES - Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions. NOTE: The Contract will be subject to Australian Law and the Courts of Australia will have jurisdiction over any disputes in relation to it.

33. CONTRACT TRANSFER BY Just Sports n' Fitness - We may assign or transfer the benefit of the contract, or sub-contract its obligations under it, to any person, firm or company at any time without notice to you but shall remain liable to meet our obligations to you under the Contract.

34. YOUR SAFETY AND PROPERTY - VICTORIA ONLY

1. Victoria warning only - WARNING UNDER THE FAIR TRADING ACT 1999 - Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are - rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign the Contract, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these Membership Terms & Conditions. NOTE: The change to your rights, as set out in these Membership Terms & Conditions, does not apply if your death or injury is due to gross negligence on the supplier's part. "Gross negligence" is defined in the Fair Trading (Recreational Services) Regulations 2004.

2. You promise:

a. To make sure that you know how to exercise safely, by asking if necessary and you will use your best endeavours to exercise safely.

b. You will not take valuables into the club even if you plan to put them
in the lockers.

3. We promise to comply with the statutory
conditions set out in clause 34(1), specifically:

a. Carry out our services with due skill and care.

b. Provide services which are fit for the purpose for which you have joined us taking into account the price for those services, the terms of supply and all relevant circumstances.

4. We will compensate you for:

a. Death or personal injury but only if it is caused by our reckless disregard for the consequences of our failure to meet our promise in clause 34(3).

b. Loss or damage you suffer from our failure to meet our promise in clause 34(3).

5. We will not compensate you where we have complied with our promise:

a. If you fail to honour your promises in clause 34(2)(a).

b. For loss or damage to your personal property which you bring into our clubs.

c. For loss or damage you suffer which is caused by a third party, for
example a personal trainer, who is unconnected with the services and facilities we provide to you.

d. For loss or damage you suffer caused by events which neither we nor our suppliers could have foreseen or prevented even if we had taken all reasonable care.

6. We both agree that (except where the law requires otherwise) if either of us (you or the club) breach the arrangements under this contract, then neither of us will be responsible for any losses that the other suffers as a result.

7. The exclusion of liability in clause 34(4)(b) applies only to death or personal injury and not to any breach by us of the statutory conditions (see clause 34(1)) that results in loss of or damage to your personal property.

35. YOUR SAFETY AND PROPERTY - ALL OTHER STATES

1. WARNING - We give you warning that, whilst on our premises you may suffer injuries including broken bones, soft tissue injuries and joint injuries. These injuries may occur as a result of you slipping on wet flooring, weights striking you, collision with equipment or other members.

2. RELEASE AND INDEMNITY - In consideration of Just Sports n' Fitness accepting your application for membership of the Club, and for you becoming and remaining a Member of the Club, you agree that Just Sports n' Fitness shall not be liable for any loss, damage or theft of any property belonging to, or brought onto any Club premises by you or your guest, occurring on said premises except where caused by gross negligence of Just Sports n' Fitness. Also that Just Sports n' Fitness shall not be liable for any death, personal injury or illness occurring upon any Club premises or as a result of the use of facilities and / or equipment provided by Just Sports n' Fitness, except to the extent that such death, personal injury or illness arises form the gross negligence of Just Sports n' Fitness.

Part B

RULES OF THE CLUB

LOCKERS- Lockers are provided for use whilst exercising & will be cleared daily once the club is closed. Please be advised that the lockers provided are not security lockers and therefore we request all valuable items are carried. Whilst care is taken to safeguard locker contents, thefts can occur. Please be aware that we do not accept responsibility for any loss or damage to property that occurs as a result of unknown persons breaking into lockers or where items are not placed in lockers. When using lockers, please ensure that the locker key/card is secure at all times on your person. (Reception can supply a safety pin for this purpose or sell a card holder, however, we do strongly suggest the keys/card should be carried INSIDE a pocket). Should a locker key/card be lost or contents be left in a locker overnight, there is a $15 charge for replacement of the key/card and $50 for return of items. If your belongings are left in a locker, they may be removed and we will take no responsibility for loss or damage. Please note: all lost property and locker belongings will be given to charity on a monthly basis.

CLOTHING & HYGIENE - We require all members and guests to wear suitable clothing (non-offensive) and appropriate enclosed sporting footwear when visiting any of the exercise areas (excluding wet areas). Clothing bearing offensive images or inappropriate advertising is not permitted. It is also paramount that personal hygiene is considered when visiting Just Sports n' Fitness clubs, so it is appreciated that everyone wears deodorant and is aware of their own body odour.

TOWELS - We require all members to use clean towels to lie on when using equipment (including mats) at all times.

WET AREA USAGE - You and your Guests may use all wet areas including but not limited to the swimming pool, sauna, steam, monsoon shower etc. These areas are unsupervised and you use them at your own risk. Children must be supervised. No running, diving or jumping permitted in these areas. Note: not all clubs offer all services.

VEHICLES - vehicles and their contents, parked in any club car park or elsewhere on the premises of any club are left at the owners risk and we will accept no liability for loss or damage.

TIME LIMITS - You must adhere to parking and equipment time limits . Ignoring limits may incur fees as decided by us from time to time.

ADDITIONAL SERVICES - We offer additional services at some clubs such as Dance, Swim School, Solarium, Play Zone/Junior Care, Pilates Programmes etc. These services do not form part of the Contract and will incur separate fees and have separate agreements. Where a laundry service is provided as part of a membership, the service will be provided only in relation to the items of clothing worn by you whilst undertaking fitness activities in the club (excluding under garments). All items of clothing left by you must be clearly labelled with your name and must be machine washable and colour fast. No claims for loss can be made in respect of all costs, damages, claims, demands and expenses incurred as a result of a failure to adhere to this rule.

EACH VISIT - Access to the club will only be granted to you upon presentation of your access card and (if requested) photo identification. Locker keys/cards and towels (where issued) are your responsibility and must be returned prior to leaving the club. If you lose your access card, locker key/card or towel, there will be a replacement charge.

GUESTS - Guests may enter the club on payment of a fee determined by us from time to time. Guests must sign the Guest register, complete a "Pre-Exercise Questionnaire (PARQ)" form (on their first visit) and show a form of photo identification. Guests are subject to the Rules and Terms detailed in the Guest Register and PARQ form. The number of visits by a guest to a club is at our sole discretion. All guests must be at least 14 years old and be accompanied by you and must leave when you do. All members and guests are required to acquaint themselves with signage and brochures for additional key Rules located throughout each club.

NOTE: Please refer to the Club Guide for further information.

Part C

DIRECT DEBIT AGREEMENT

Our commitment to you

This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) arrangements made between Just Sports n' Fitness Australia Pty Ltd and you. It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance..

Initial terms of the arrangement

In terms of the Direct Debit Request arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for your fortnightly/monthly health club dues as defined in your Membership Application and Contract.

Drawing arrangements

Fortnightly/monthly drawings under the Direct Debit arrangement will occur on every second Thursday for fortnightly memberships or on the 1st of the month commencing on the date defined on your agreement. If drawings fall on a non-business day, it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account. We will provide you with at least 30 days notice when changes to the initial terms of the arrangement are made. If you wish to discuss any changes to the initial terms please contact your Home Club. If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding membership drawings on or before the next Direct Debit cycle. Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.

YOUR RIGHTS

Changes to the arrangement

If you want to make changes to or stop the drawing arrangements, written notice of this must be forwarded to both your Home Club and your financial institution including details of all changes requested.

Enquiries and Disputes

Should you wish to discuss these arrangements, including any possible disputed amounts, please call your Home Club Administrator or your financial institution directly. Where disputes are referred to us, we will endeavour to respond to them within 7 days. If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.

Your commitment to us

It is your responsibility to ensure that:

Your nominated account can accept direct debits (your financial institution can confirm this); and

That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and

That you advise us in advance if the nominated account is to be transferred or closed. That if you are paying your fees by credit card, you advise us of any changes to your credit card information, i.e. expiry date, or number.

Part D

PRIVACY STATEMENT AND ACKNOWLEDGEMENT

In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information (such as information concerning your health and your financial position). Just Sports n' Fitness will only use, disclose or deal with such information in accordance with our Privacy Policy. A full copy of our Privacy Policy is available on www.justsportsnfitness.net.au or can be sent to you on request in writing to reception@justsportsnfitness.net.au