Term and Conditions

1. Membership and Access

Members must be sixteen years and over. Proof of identity must be displayed upon member registration.

Classes and instructors are subject to change without prior notification.

Tribute membership and access is not transferable to another person

Tribute access will automatically renew on the member's individual renewal date, unless Tribute is instructed by the member to cancel the membership.

Termination of membership by the member is with four weeks written notice to Tribute.

Memberships may be placed on hold for a period of six weeks per calendar year. Administration fee of $10 per week is applicable after that.

Placing memberships on hold is with two weeks written notice to Tribute.

Members on a 6 or 12 month Tribute membership are unable to cancel their membership until the expiry of their term.

Tribute access can only be used by the person named on this form.

Tribute access includes access to Tribute equipment and all group classes, during open hours. There are additional charges to private fitness classes.

Upon the expiration of your Tribute membership, all entitlements of your membership are forfeited.

2. Payment Details

All direct debited memberships must be paid 14 days in advance.

Fees will be deducted fortnightly from the members' credit card.

Membership fees may increase subject to Tribute's discretion.

3. Health and Safety

By signing this document you give permission for Tribute staff to seek medical assistance at your expense in an emergency if required.

It is recommended that you visit your doctor prior to commencing regular exercise program.

If you are female and are pregnant you must notify Tribute staff prior to the commencement of any classes or equipment use.

It is strongly recommended that all Tribute members are covered by ambulance insurance.

Please inform Tribute staff of any medical changes that may occur while you are a user of Tribute.

Tribute reserves the right to refuse use of the facilities at any time should it be concerned about a member's state of physical health or the health and safety of other members.

4. Liability

Subject to any applicable legislation, Tribute accepts no liability for any damage, loss, illness or injury resulting from the use of Tribute facilities by members or guests howsoever that may have been caused, save for death or personal injury caused by its own negligence.

Tribute accepts no liability for any illness or injury resulting from over exertion, aggravation or repetition of any medical condition caused by the use ofTribute 's facilities.

All persons use the facility on the express understanding that it is at their own risk and members and guests are strongly advised to seek medical advice before they begin exercise at Tribute.

Personal property while on Tribute premise remains the responsibility of the member. Tribute accepts no liability for members' personal property if lost, stolen or damaged.

5. Termination

The member must not:

(a)Tamper with or damage any of Tribute equipment or property

(b)Rely upon any representation relating to Tribute equipment or its operation other than those contained in the manufacturer's or Tribute instructions or manuals

(c)Access Tribute's premises or use its services or equipment if affected by drugs and/or alcohol

(d)Exceed the recommended loads and capacity limits of the equipment

(e)Use or carry any illegal, prohibited or dangerous substances or materials on Tribute premises

Tribute reserves the right to terminate Tribute access immediately or refuse any application or renewal of Tribute access without warning if a member has behaved in a way that is risky or seriously inappropriate, such as:

(a)Threatening or harassing others

(b)Vandalism or deliberate damage to Tribute property or equipment

(c)Non-adherence to Tribute's terms and conditions

(d)Refusal to comply with the instructions of Tribute staff in relation to policy, procedures or safety

(e)Inappropriate behaviour towards members or staff

(f)Allowing non-members access to Tribute facilities

Tribute may without notice terminate a member's Tribute access, or refuse entry if a member is in breach of any of these conditions or for failure to pay any money owed to Tribute

In the case Tribute access being terminated for any of the behaviours listed above, no part of the funds paid to Tribute shall be refunded.

6. Waiver, Release and Indemnity

You acknowledge that there are dangers and risks inherent with participating in classes and using the equipment at Tribute (including, but not limited to any activity that is performed within Tribute and any specialised classes, courses and work-shops that is conducted within or external to Tribute) to which you may be exposed by accessing Tribute ("Activity").

You agree that you are participating in Tribute's Activity your own risk and you voluntarily assume responsibility for any injury, death or property damage you may suffer because of

your participation in the Activity.

To the maximum extent possible at law, you agree to release, hold harmless and indemnify Tribute against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by Tribute because of or in respect of or in any manner whatsoever arising out of or caused by your use of Tribute or participation in the Activity.

You agree that you are using Tribute on the express condition that Tribute:

(a)Will, under no circumstance be liable in any manner whatsoever for any death, loss, accident, damage or injury to you whatsoever which may happen because of your use of Tribute; and

(b)Will not incur or be under any liability whatsoever to you for any loss, damage or injury to or in respect of any of your property, except as occasioned by the gross

negligence, acts or omissions of Tribute or its servants, agents, contractors, or invitees.

To the extent permitted by legislation such as the Competition and Consumer Act 2010 (as amended from time to time) ("the Act") the sole warranties are those set out in these terms and conditions. If the services or Tribute equipment is in any way defective, the liability of Tribute will be limited to (at its election) replacement of Tribute equipment or re-supply of equivalent services or refund. This shall be the sole and exclusive remedy available to the member. In no circumstances shall Tribute have any liability arising from or as a result of delay in provision of any services or access to any equipment to the member. The member releases, indemnifies and holds harmless Tribute from any liability and any claim by any person in respect of services or use of Tribute equipment whether or not the loss or damage arises in connection with any negligence, default or lack of care on the part of Tribute or any of its representatives, any misrepresentation or any other cause. To the extent permitted by the Act, Tribute is not liable for prospective profits or special, indirect of consequential damages. Without limiting the generality of the foregoing, in no circumstances shall the liability of Tribute exceed the membership fee amount paid by the member. For the avoidance of doubt, 'consequential loss' means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.

7. Tribute shall have no liability in respect of failure to deliver or perform, or delay in delivering or performing, any obligations due to any cause outside its reasonable control. This contract and the member's membership shall be voidable at the election of Tribute if provision of Tribute services is prevented by fire, flood, drought, frost, strike or other causes beyond the reasonable control of the Company

8.These terms and conditions may be amended from time to time and any amendments will apply to each member's membership. Any amended or current terms and conditions can be accessed from Tribute premises

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