These General Terms and Conditions (the “Agreement”) have been executed between F2 Collective Pty Ltd, an Australian proprietary limited company (the “Studio”), and the individual signing the Agreement (the “Client”). Hereinafter, “I”, “you”, “your” and “Client” shall mean the individual whose name and signature appears on this Agreement, and Studio and Client shall collectively mean the “Parties”.

CLIENT OBLIGATIONS

This Agreement is a legally binding obligation for which I am financially responsible.

I agree not to conduct any kind of commercial or business activity in the Studio, and I agree not to act as a personal trainer or instructor for anyone within the Studio. I understand that I am responsible for notifying the Studio in writing (by email to info@f2collective@au.com) if there are any changes to my address and/or contact information.

PLANS AND PACKAGES

Term Membership Plans and Class Package Plans: 

Term Membership Plans consist of Foundation Memberships and EBV Resident Memberships.   Foundation Memberships will initiate on either (a) 24 March 2025 (the “Studio Opening Date)” or (b) the membership sale date if purchased after the Studio Opening Date (in either case, the “Activation Date”).  Foundation Memberships expire three hundred sixty-five (365) days after the Activation Date.  EBV Resident Memberships must be purchased in the Studio or processed by a Studio staff member.  EBV Resident Memberships will initiate on either (a) the Studio Opening Date; or (b) Client may select an Activation Date if purchased after the Studio Opening Date.  The EBV Resident Membership expires after a 180-day period or 365-day period, based on the membership type purchased by Client. 

Class Package Plans will have a start date that begins on the date of the Client’s first enrolled class (“Start Date”). The Start Date will initiate upon Client’s attendance at the first enrolled class. If a Late Cancellation or No-Show occurs prior to Client’s first attended class, the Client will forfeit that class credit.

Term Membership Plans: I acknowledge that for a Term Membership Plan, the “Minimum Term” is the period specified in the membership plan (i.e., 6 months or 12 months).

I understand that this Agreement is a legally binding obligation for which I am financially responsible and that this is an ongoing membership agreement. I agree that if I fail to pay when a payment is due, I must immediately pay the amount owing. I understand that I will be charged each month as set forth in the payment authorisation form. I agree that I am bound by the membership payment terms and unpaid account balance due upon cancellation of the Term Membership Plan.

Term Membership Plan Cancellation. If I wish to cancel this Agreement, I may cancel by delivering a written notice to the Studio by email. The notice must state that I do not wish to be bound by the Agreement, and notice must be emailed within forty-eight (48) hours after I sign this Agreement or within forty-eight (48) hours after the Studio Opening Date (in either case, the “Cooling-Off Period”). The notice must be emailed to the Studio’s email address indicated above.

If I cancel, the Studio will return, within ten (10) business days of the date on which I gave notice of cancellation, any payments I have made less pro-rata fees for services provided by the Studio plus an administration charge (the “Cancellation Fee”) of thirty dollars ($30.00). All refunds will be by credit to Client’s credit card on file with the Studio; there are no cash refunds.

After the end of my Cooling-Off Period, I understand that I may also cancel a Term Membership Plan with the following obligations:

When no Cancellation Fee will apply: I will not be subject to a Cancellation Fee in the event of the following: (i) I become subject to medical incapacity; (ii) I move, or I am relocated to a new address more than twenty (20) kilometers from the Studio address indicated in the Agreement; or (iii) I become entitled to do so under consumer legislation.

When a Cancellation Fee will apply: I will be subject to a Cancellation Fee if I choose to cancel for any other reason.

I may cancel my Term Membership Plan by sending a written notice to the Studio’s email address at least thirty (30) days prior to the next billing cycle. If I provide written notice outside of the thirty (30) day cancellation window, I agree that I will be billed for the next billing cycle, however, I will have access to the Studio during such billing cycle.

NON-ATTENDANCE AT AN ENROLLED CLASS

I understand that I may cancel my attendance at an enrolled class through the Studio website or the Studio app (“Studio App”), and the following fee structure will apply:

Early Cancellation:  If I cancel up to eight (8) hours prior to the class start time, I will not forfeit the class credit, and no Cancellation Fee will apply.

Late Cancellation:  If I cancel within eight (8) hours prior to the commencement of the class, a “Late Cancellation” fee of $5.00 will apply, and I will forfeit the class credit.

No-show for enrolled class:  If I do not cancel prior to commencement of an enrolled class, a “No-Show” fee of $10.00 will apply, and I will forfeit the class credit.

WAYS A TERM MEMBERSHIP PLAN CAN END

Cancellation for medical reasons: I may end my Term Membership Plan by notifying the Studio in writing to the Studio’s email address listed above if I am unable to exercise for the remainder of the Term Membership Plan’s term due to my illness or physical incapacity. I must produce and deliver supporting documentation to the Studio’s reasonable satisfaction. In such event, I will be charged the Term Membership Plan fees for the time that I was a member calculated on a pro-rata basis up to the date of notification. 

If my Term Membership Plan is no longer convenient: I understand that I can end my Term Membership Plan during the Minimum Term with immediate effect at any time and for any reason by notifying the Studio in writing to the Studio’s email address listed above. I agree that I will be liable for Term Membership Plan fees for the time that I was a Client, calculated on a pro-rata basis, plus the Cancellation Fee. All refunds will be by credit to the Client’s nominated credit card account – there are no cash refunds.  I understand that I must provide notice to the Studio thirty (30) days in advance of ending my Term Membership Plan.

The Studio may terminate my Term Membership Plan: In addition to any other rights the Studio has under this Agreement, I understand that the Studio may terminate my Term Membership Plan by written notice to Client if I fail to act in accordance with any obligation under this Agreement or any other agreement between me and the Studio and, if capable of remedy, I do not remedy the failure within a reasonable time of the Studio giving me written notice requiring me do so. If the Studio cancels this Agreement under this paragraph, I agree that I will be liable for any Term Membership Plan fees and any other fees for services already provided for the time that I was a Client. I agree that this payment is my sole obligation to the Studio upon cancellation of my Term Membership Plan under this paragraph.

MINIMUM AGE. I acknowledge that generally any Client of the Studio must be a minimum of sixteen (16) years of age.

OTHER FEE INCREASES. I agree that the Studio may increase my membership fees or any other fees at any time. I understand that the Studio will make a fair effort to notify me at least fourteen (14) days before by emailing me at the last email address provided. Where the Studio has done so, I authorise the Studio to increase any charges to my nominated credit or debit card account in line with this increase.

TERM MEMBERSHIP PLAN FREEZE.  I have the right to freeze my Term Membership Plan for up to twelve (12) weeks per year, if I have a Term Membership Plan, during which time I will not be charged standard membership dues.  I must provide written notice of my request to freeze my Term Membership Plan (a “Freeze Request”) at least fourteen (14) days in advance of my next billing cycle of my Term Membership Plan.  I will incur a processing charge of $2.50 for each week during a freeze period.  A Term Membership Plan may not be cancelled during a freeze period. 

EBV MEMBERSHIP

• EBV Resident Memberships must be purchased in the Studio or processed by a Studio staff member.  EBV Resident Memberships will initiate on either (a) 24 March 2025 (the “Studio Opening Date”); or (b) Clients can select an Activation Date if purchasing after the Studio Opening Date.  The membership will expire either 180 days after the Activation Date or 365 days after the Activation Date based on the membership type purchased by Client. 

• An East Brunswick Village Pty Ltd Resident (“EBV Resident”) is an individual who can demonstrate an address at East Brunswick Village, located at 127-149 Nicholson St, Brunswick East VIC 3057.

INTRODUCTORY CLASS PACKAGE. The Introductory Class Package is only available for new Clients.

FACILITIES AND SERVICES. The Studio reserves the right at any time to remove, discontinue, repair or replace any Studio equipment or change instructors without any effect on this Agreement. The Studio may be closed for up to two (2) weeks each year, at the sole discretion of Studio management, for maintenance or repair purposes.

LIMITATION OF LIABILITY.  I agree that Pilates and other physical activities offered by the Studio (the “Activities”) involve inherent risks, including potential physical injury, illness, or death, and if Client chooses to participate in such Activities, Client agrees to assume all such risks.

If I choose to participate in the Activities, I warrant that I am in good health and proper physical condition to participate in the Activities provided by Studio, and I am unaware of any medical condition that would affect my ability to do so. I agree to inform Studio of any changes affecting my ability to participate in the Activities and to stop participating in the Activities if I consider myself at risk or the Activities to be unsafe. I agree to inform Studio if I am pregnant before participating in any of the Activities and to only participate in Activities advised as suitable considering the stage of pregnancy and advice from my medical practitioner.

Client acknowledges that the Australian Consumer Law (“ACL”) contained in the Competition and Consumer Act 2010 (Cth) (“CCA”) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to me:

• are rendered with due care and skill;

• are reasonably fit for any purpose which I, either expressly or by implication, make known to the Studio and might reasonably be expected to achieve any result I have made known to the Studio; and

• are supplied within a reasonable time (when no time is set).

Permitted exclusion: I acknowledge that the CCA permits a supplier of recreational services to ask me to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, I acknowledge and agree that the Studio excludes all liability to me for death or injury resulting from a failure by the Studio to comply with any statutory guarantee.

In the previous sentence, “injury” means:

• physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

• the contraction, aggravation or acceleration of a disease; or

• the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to me that is or may be harmful or disadvantageous to me or the community, or that may result in harm or disadvantage to me or the community.

Reckless conduct:  If I choose to participate in any Activities, I agree to release, waive, and discharge the Studio, its owners, directors, officers, employees, agents, representatives, related and associated businesses from any and all liability, claims, demands, actions, or causes of action related to any loss, damage (including property loss or damage), or injury, including death, sustained while participating in Activities provided by Studio, to the extent permitted by law. This exclusion of liability does not apply if I have suffered any significant personal injury that is caused by Studio’s reckless conduct (within the meaning given to those terms by the CCA).

General exclusions: Please note that nothing in this Agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.

Otherwise, and except as expressly included in this Agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this Agreement. In particular, but subject to the preceding paragraph, I acknowledge that the Studio is not liable for:

• negligence; or

• breach of terms implied that services will be provided with reasonable care and skill, at common law that in either case results in my death or injury (as defined above) in connection with or under this Agreement, but for the avoidance of doubt, the Studio does not exclude liability for its reckless conduct.

MISCELLANEOUS. This is the whole Agreement between the Parties with respect to the General Terms and Conditions and supersedes any prior understandings or agreements of the parties whether written or oral, express or implied. This Agreement may not be amended or modified except in a writing signed by the Parties.

SEVERABILITY AND WAIVER. If a court finds that any part of any term of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement. If the Studio does not enforce its rights under this Agreement at any time, it does not mean that it may not do so on future occasions.

APPLICABLE LAW. The law of the State of Victoria applies to this Agreement.

TEXT MESSAGES/EMAILS. I understand that I may receive text messages and emails from the Studio that relate to my membership. I may also receive commercial/promotional emails from the Studio that I can “opt out” of by clicking on the unsubscribe link at the bottom of such emails. An opt out of Studio email communications is also possible by modifying Client’s account settings.