Terms of Use | Southpac Strength

DEFINITIONS

ACL: Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).

Agreement: means the Membership Agreement between Southpac Strength and You including these Terms and Conditions.

CCA: means the Competition and Consumer Act 2010 (Cth).

Code of Conduct: means the code of conduct for Southpac Strength Members, which can be found on our website or displayed at the premises.

Facilities means the gym equipment, machinery, amenities, and other facilities available at Southpac Strength.

Fees: means the Fees under this Agreement and as set out in the Membership Fees and Charges Schedule.

Member: means the person who is specified as the Member in the Membership Agreement.

Membership Agreement: means this Agreement

Membership Fees: means the fees paid to access Facilities and Services as per clause 10 and in the Membership Fees and Charges Schedule.

Membership Start Date: means the date of acceptance by the Member of these Terms and Conditions.

Recovery Area: means the designated space within Southpac Strength equipped with a Full Spectrum Infrared Sauna.

Southpac Strength: means Southpac Strength Pty Ltd, ACN 676 591 156 and any of its successors and assigns.

Services: means classes, programs and other health and fitness services at Southpac Strength.

Terms and Conditions: means the Terms and Conditions contained in this Membership Agreement

1. INTRODUCTION

1.1. These Terms and Conditions are part of, and apply to, the Membership Agreement between Southpac Strength and You. By becoming a Member, You agree to comply with these Terms and Conditions. If You do not wish to continue Your Membership after reading these Terms and Conditions, You may cancel it during the cooling-off period in accordance with clause 3. You can start using Your Membership benefits from the Membership Start Date stated in Your Membership Agreement.

2. JOINING AND ACCESS

2.1. When You join Southpac Strength You must provide us with the necessary information requested by Southpac Strength and present valid photographic identification.

3. COOLING OFF

3.1. You have 48 hours from the Membership Start Date to cancel Your Membership after joining. To do so effectively, You must notify us in writing within this cooling-off period.

3.2. Upon cancellation under clause 3.1, Membership Fees paid will be refunded within twenty-one (21) days less any charges incurred for any services or products already provided and any applicable admin fees.

4. MINIMUM AGE

4.1. Membership is open to individuals aged 5 years and above.

4.2. Minors (ages 5-17) may join with parental or guardian consent and must be accompanied by an adult Member while using the facilities.

5. PARENT/GUARDIAN AGREEMENT

5.1. Parents or guardians of Members under the age of 18 must enter into the Membership Agreement on behalf of the minor and agree to the Membership Agreement Terms and Conditions. This includes acknowledging the responsibilities and obligations in this Membership Agreement.

5.2. Minors are not permitted to enter into direct debit arrangements or Membership agreements. The parent or guardian must take full financial responsibility for the Membership, including all associated fees and charges.

5.3. It is the responsibility of the parent/guardian to remain on the Southpac Strength premises during any classes or activities in which their child is participating. This ensures that they can respond promptly in case of emergencies or if their attention or intervention is required.

5.4. Parents or guardians must be present to pick up their minor promptly at the end of each class. The Southpac Strength management and staff are not responsible for the safety of Members after class times if a parent or guardian is not present.

5.5. In the event that a minor requires medical attention during a period when the parent/guardian is absent, Southpac Strength management is authorised to call an ambulance or seek necessary medical treatment to ensure the health and safety of the minor. The parent/guardian agrees to cover any associated costs.

5.6. The parent or guardian agrees to take responsibility for ensuring the minor exercises safely and complies with all Terms and Conditions of this Membership Agreement.

5.7 Child Safety & Risk Management

5.7.1. Southpac Strength maintains a Child and Youth Risk Management Strategy in accordance with the Working with Children (Risk Management and Screening) Act 2000 (Qld).

5.7.2. This Strategy outlines the policies and procedures implemented to safeguard the welfare, safety and wellbeing of children participating in programs and activities conducted by Southpac Strength.

5.7.3. A current copy of the Child and Youth Risk Management Strategy is available upon request.

6. MEMBER ACCESS

6.1. Provided that you:

(a) remain a member of your Club with an up-to date account; and

(b) comply at all times with these Terms (as updated from time to time),

you are entitled to access Southpac Strength’s Facilities and Services according to their specific Membership plan as stated in the Membership Plans & Benefits Schedule.

7. YOUR HEALTH & PHYSICAL CONDITION

7.1. By accepting these Terms, you warrant to us that you are in good physical health and condition and that you are not aware of any medical or other matter that might be detrimental to your health,

safety, comfort or physical condition:

(a) as at the time you have joined the Club; and

(b) each subsequent time you enter the Club and utilise the facilities present there or undertake training with any of the Club’s personal trainers.

7.2.You acknowledge and agree that we have relied upon your above warranty when agreeing to allow you to become a member of the Club.

7.3. You acknowledge and agree that you must notify us of any conditions that may impede or prevent you from using our facilities safely or as they are intended. You further acknowledge and agree that it is your responsibility to ensure all of our staff and any trainer whom you work with is aware of any relevant condition effecting you. If we require you to provide us with evidence from your doctor that you are in sufficient physical health and condition to participate in activity, you acknowledge and agree that:

(a) You are responsible for obtaining and delivering such evidence to us; and

(b) we may refuse to allow you to participate in a relevant activity until medical clearance has been received.

8. PUBLIC HEALTH AND SAFETY

8.1. You must not use Southpac Strength’s Facilities and Services if You have any illness, disease, injury, or condition that poses a risk to Yourself or others' health and safety.

8.2. If You have attended Southpac Strength within the 28 days prior to showing symptoms or receiving a diagnosis, You are required to inform management promptly so appropriate measures can be taken to safeguard the health and well-being of all Members and staff.

8.2. Non-compliance with clause 8.1 or 8.2 may result in suspension or cancellation of Your Membership.

8.3. Members are responsible for informing the gym of any health conditions or injuries.

8.4. Southpac Strength reserves the right to deny access to any Member if it is deemed necessary for public health and safety reasons.

9. MEMBER PROFILE PHOTO

9.1. As part of our Membership requirements, Southpac Strength Pty Ltd collects a photograph of each Member for identification purposes.

9.2. This photograph will be securely stored and linked to the Member’s profile in our system. It will be visible to staff and on the check-in kiosk when You are booked or checked into classes to verify Your identity and ensure the security and efficiency of our facility.

9.3. By signing this waiver, You consent to having Your photograph taken and stored for these purposes. Your photograph will not be shared externally or used for any other purpose without Your explicit consent. If You have any concerns regarding this requirement, please contact us prior to signing.

9.4. You can upload Your own photo through the app once You have access provided that the photo meets the following requirements:

• Must be taken within the last 3 months

• Must be in colour

• Must show You clearly

• Must be appropriate and from the shoulders up

Management has the right to default back to Your original photo taken and stored on file if we believe it does not meet the above criteria.

10. CONDITIONS OF ENTRY

10.1. You will be refused entry or be requested to leave if:

a) You are using abusive or threatening or discriminatory language or behaving in a threatening way.

b) You fail to comply with any of the criteria displayed in the Southpac Strength’s Code of Conduct Guidelines displayed in the premises.

c) You are under the influence of drugs or alcohol.

d) You are seen to be instructing other Members when Southpac Strength has not authorised You to do so.

e) You are behaving in any other way that is considered by Southpac Strength to be risky, offensive, or inappropriate.

f) You fail to check in at the reception desk or supply Southpac Strength with Your Membership personal details.

11. FEES

11.1. All applicable fees and charges are detailed in the Fees and Charges Schedule.

11.2. Southpac Strength Membership incurs an Annual Registration Fee which is equal to two (2) weeks of Your regular Membership Fee. For Weekly and Fortnightly Memberships these will be taken as Your regular Membership payment(s) over the two (2) weeks we are closed over the Christmas and New Years break. For Monthly Memberships this fee has been included in Your Monthly Membership Fee.

11.3. Only one (1) Annual Registration Fee is applied per Member, not per Membership (i.e if You have an Adult Membership and an add-on, You will only be billed one (1) annual fee).

11.4. Annual Registration Fees are not applicable to Casual Memberships or upfront payment packages.

11.5. All Memberships other than Casual and pre-paid are Ongoing Agreements with a minimum term based on the Membership You have selected (weekly, fortnightly or monthly).

11.6. Memberships automatically renew at the end of each term unless cancelled by You or Southpac Strength in accordance with the cancellation clauses in this Agreement.

11.6. Unpaid fees may result in Membership suspension or termination. You remain liable for all unpaid amounts.

11.7. Some services require an additional fee, and these include one-on-one coaching services, sauna sessions, add ons, challenges, testing days and competitions which are not included in the Membership Fees.

11.8. You acknowledge and agree that the Fees are reviewed periodically and may increase. This is regardless of the Fees payable when You entered into this Agreement. You will be notified a minimum of 60 days prior to any such Fee increase in accordance with clause 26.2 (a).

12. NO SHOW POLICY

12.1. If a Member can no longer attend a class or session that has been booked and does not cancel at least two (2) hours prior to the class, it will be classed as a "no show".

12.2. Each no show counts towards redemption of one of the member's relevant entitled benefits of their Membership, where applicable.

12.3. If a Member "no shows" they will be charged a $10.00 no show fee.

12.4. You agree and authorise Southpac Strength to charge any additional fees to the Credit/Debit card we hold on file on your next billing due date or on the next business day if there is no scheduled payment.

13. PAYMENT METHOD

13.1. Southpac Strength requires Membership Fees to be paid by Direct Debit in advance, weekly, fortnightly or monthly according to the Membership plan chosen until the Agreement ends.

13.2. Direct Debits are facilitated by Ezidebit on behalf of Southpac Strength.

13.3. The following transaction Fees will apply:

• Transaction Fee – Bank Account (per transaction attempt): $0.99

• Merchant Fee - Visa/Mastercard (per successful transaction): 1.99%

• Merchant Fee AMEX (per successful transaction): 2.7%

13.4. You authorise Southpac Strength to direct debit Membership Fees and other charges from Your nominated bank account or credit card.

13.5. You will ensure sufficient funds are available on the direct debit payment due date and will cover any recovery costs in the event of payment defaults.

13.6. You are responsible for ensuring payment details remain valid and correct and You may change Your Direct Debit details by providing us with sufficient notice in writing.

13.7. You may choose to pay your Membership Fees by cash or card in person at any time so long as you do so atleast 48 hours prior to when your payment is due so we can hold the Direct Debit.

13.8. In the event of a payment default, You authorise Southpac Strength to collect any arrears owing by charging the full outstanding balance plus any fees to the card on file.

13.9. Ezidebit will reattempt up to three (3) times to collect Memberships fees.

13.10. Southpac Strength will not absorb any charges in the event of a payment default or dishonoured payment, the following charges will apply for each failed attempt:

(i) Dishonour Fee (per failed transaction): $9.90

(ii) Payment Failure Fee (per failed attempt): $2.75 billed with your next due payment or on the next business day if there is no scheduled payment.

13.11. You agree that the above amounts represent the loss and damage we are likely to suffer in connection with your failure to fulfil your obligations under your membership agreement.

13.12. You will continue to be debited as per these Terms and Conditions regardless of whether You are using Southpac Strength's Facilities or Services during your Membership Period.

13.13. Southpac Strength reserves the right to suspend access to its facilities and services and from purchasing any future Memberships until all outstanding fees have been resolved.

14. FAMILY DISCOUNTS

14.1. Eligibility: Family Membership discounts are available to Members of the same household who are linked and use a single shared payment method for their Membership fees with one full fee paying Member.

14.2. Discount Structure and Application:

The family Member with the greater Membership fee pays the full price.

Discounts are applied to subsequent Memberships in descending order of Membership fees, as follows:

• The Membership with the second-greatest fee receives a 10% discount.

• The Membership with the third-greatest fee receives a 20% discount.

• The Membership with the fourth-greatest fee receives a 30% discount.

• The Membership with the fifth-greatest fee receives a 40% discount.

• The sixth and any additional Memberships receive a 50% discount.

14.3. Discounts are capped at a maximum of 50% per Membership and one discount per Member.

14.4. The discount applies to direct dependents and immediate household Members only.

14.5. Proof of relationship and residence may be required.

14.6. Family discounts will apply once all Membership applications, waivers, and any requested documentation (e.g., medical clearance, proof of relationship or residence) have been submitted and approved by Southpac Strength. Discounts take effect from the approval date and do not apply to prior payments.

14.7. Discounts applied at Management’s discretion.

14.8. Family discounts cannot be combined with any other promotional offers or discounts.

14.9. This discount structure applies only to standard ongoing Memberships and excludes casual visits, concession packages, 1-on-1 coaching or other non-recurring fees.

14.10. Discounts are non-transferable.

14.11. Southpac Strength reserves the right to review and amend these terms and conditions at any time. Any changes will be communicated to Members in writing.

15. GENERAL CONDUCT

15.1. Checking in: You are required to check in at the Kiosk or via the app each time You enter Southpac Strength’s facilities. You are not permitted to allow unauthorised individuals to enter using Your Membership.

15.2. Proper Equipment Use: You must use the facilities and equipment safely and correctly. Seek assistance from staff if unsure. If using gym-provided gloves or equipment, Members are responsible for wiping/spraying them down with provided disinfectant wipes/spray after use. All equipment should then be returned to their designated storage area or rack.

15.3. Towel policy: You must use a clean towel during classes and while using gym equipment for hygiene and safety.

15.4. Storage: Southpac Strength does not assume responsibility for lost or stolen personal items. You are advised not to leave valuables unattended and to use any provided storage facilities responsibly.

15.5. Dress (Strength & Conditioning): You must dress appropriately for Your workout. If Your workout will be carried out in the Combat area, You must ensure Your outfit is free from any pockets, buttons, exposed drawstrings, zippers, or any plastic or metal that might endanger the opponent or damage the mats.

15.6. Footwear: No footwear is to be worn in the Combat Area. Appropriate closed toe footwear is to be worn in the Weight’s Room. Slip ons are provided outside the toilets. These must be worn when entering the toilets to reduce contamination of the mats. Once You are finished, You are required to spray them with provided disinfectant spray and return them to their designated spot.

15.7. Guests: You may bring guests to the gym after registering them with Southpac Strength staff. All guests will be required to adhere to Southpac Strength’s Terms and Conditions and Code of Conduct.

15.8. Code of conduct: all Members must adhere to the Code of Conduct at all times. Breaching the code of conduct may result in warnings or, for serious or repeated offenses, Membership suspension or cancellation. You may also be liable for costs incurred by us or others due to Your breach.

15.9. Minors: You acknowledge and agree that under no circumstances are You permitted to leave children unattended in the premises. Any child allowed onto the premises must remain in the seating area designated by Southpac Strength and away from other patrons conducting workouts, machines, gym equipment, and staff rooms. No minors are allowed in the Recovery Area at any time. No minors under the age of thirteen (13) are permitted in the Weights Room. Southpac Strength will not be liable to You in any manner for any injury, loss, or damage sustained as a result of Your failure to comply with this clause, and You agree to indemnify Southpac Strength and hold it harmless for any loss and damage it may suffer as a result of Your breach of this clause.

15.10. Illegal Substances: Southpac Strength has a ZERO TOLERANCE DRUG & ALCOHOL POLICY. Distribution or use of illegal or performance-enhancing drugs or consumption of alcohol is strictly prohibited on or near Southpac Strength's premises.

15.11. Smoking or vaping is not permitted within 5 metres of all entries/exits of the premises.

15.11. Commercial Activities: Engaging in commercial or business activities within Southpac Strength such as training services or product sales, requires prior written permission from Southpac Strength. Such permissions may be revoked at any time.

15.12. Conduct: Any risky, offensive or inappropriate behaviour, including threats, harassment, equipment damage, or unauthorised training of Members, may result in immediate Membership suspension or cancellation. During combat sessions, You must adhere to all safety guidelines. It is essential to respect the skill level and physical boundaries of sparring partners at all times. You are liable for any costs or damages resulting from such risky or inappropriate behaviour.

16. RECOVERY AREA

16.1. Recovery Area Access: The Recovery Area is available for use by eligible gym Members only. Access is subject to the Terms and Conditions in this Agreement and all safety instructions and guidelines provided by Southpac Strength.

16.2. Health and Safety: You must comply with all safety instructions and guidelines when using the Recovery Area. It is Your responsibility to consult with a healthcare provider before using these facilities if You have any medical conditions or concerns.

16.3. Sauna: Use of the sauna is strictly for one (1) Member at a time.

16.4. Hygiene and Attire:

a) A towel is required when using the sauna.

b) Undergarments are not permitted; appropriate swimwear, bathers or training gear must be worn.

c) You must shower and rinse off prior to using sauna.

d) You must use the bathroom amenities to dress/undress.

16.5. Prohibited Actions: The following actions are strictly prohibited in the Recovery Area:

a) Bringing food, drinks (other than water), or glass containers into the area.

b) Using oils, lotions, or any substances that could contaminate the sauna facilities.

16.6. Minors: Members under the age of 18 are not entitled to use the Recovery Area.

16.7. Maintenance and Cleanliness: A staff Member will clean the sauna between sessions. Please ensure You exit the sauna as soon as Your session has ended to ensure enough time for cleaning before the next session. Southpac Strength reserves the right to close the Recovery Area for maintenance or cleaning as necessary. Members are expected to maintain cleanliness and report any issues or damages to the staff immediately.

17. SHOWER & TOILET AMENITIES

17.1. Use: A shower is available for use for Members. Use of the bathroom means that You agree to the following:

17.2. Time limit: Please be mindful of others need to use the shower. You agree to adhere to a maximum time limit of 10 minutes. If You exceed this limit and someone knocks on the door, please ensure You exit the bathroom within two (2) minutes.

17.3. Safety: If You exceed the time limit and don’t exit within two (2) minutes of a Member or staff Member knocking a staff Member will attempt to knock on the door again.

a) If there is no response from You, the staff Member will attempt to knock and get a response twice more.

b) If there is no response, Management will be notified and will assume there may be a medical episode.

c) Management will then attempt to knock for a final response.

d) If there is no response Management will use the key to enter the bathroom to ascertain the situation and take appropriate action if necessary.

17.4. The same safety measures in Clause 17.3.a-d will apply to use of the toilets if there is reasonable concern a Member or their guests have been in there for an extended period with no sign of activity or response.

17.5. If the case arises as in Clause 17.3.d, Management will make every effort to maintain Your privacy and dignity.

17.6. In the case of 17.3.d you agree to indemnify us and keep us indemnified against any loss, damage, personal injury, death or claim incurred or suffered by us or you in connection with your use of these facilities and such case arises whether a medical episode occurs or not.

18. RISK AND LIABILITY

18.1.1. Coach–Participant Physical Contact, Instructional Touch & Safeguarding I acknowledge and understand that participation in Brazilian Jiu Jitsu (BJJ), Mixed Martial Arts (MMA), and Strength & Conditioning training involves close physical interaction and, at times, physical contact between coaches and participants. I understand that coaches may need to make reasonable and appropriate physical contact with me (or my child) for legitimate instructional purposes, including but not limited to: Demonstrating techniques, movements, or skills Assisting with or correcting body positioning, posture, or form Providing physical cues to ensure correct technique and safety Using a participant to demonstrate a movement or technique to the group Where practical, coaches may ask for verbal consent (e.g. “May I use you to demonstrate this movement?”). I understand that consent may be given verbally, non-verbally, or by voluntarily participating in the demonstration, and that I (or my child) have the right to decline without penalty or negative consequence. I acknowledge that BJJ and MMA are full-contact sports by nature, and that physical contact between coaches and participants, as well as between participants, is an inherent and necessary part of training. I also understand that Strength & Conditioning coaching may require hands-on guidance at times to ensure proper form, technique, injury prevention, and safe execution of movements. I acknowledge that all Southpac Strength coaches and staff, whether paid or volunteer, are required to hold and maintain valid Blue Cards and Police Checks in accordance with Queensland legislation and organisational safeguarding requirements. I confirm that any physical contact by coaching staff will be professional, appropriate, and solely for the purpose of instruction, safety, or demonstration. I understand that I may raise any concerns at any time with Southpac Strength management.

18.1. You understand the inherent risks involved in the Activities, including grappling, striking, sparring, ground fighting, submissions, cardiovascular exercises and strength & conditioning exercises. These activities may lead to, but not limited to bruises, sprains, muscle strains, joint injuries, fractures, and in rare cases, severe injuries such as concussions, other head injuries or death or risk of exposure to contagious infections and diseases, including but not limited to staph infections, ringworm, and other skin or bacterial conditions.

18.2. You agree that You use the Facilities and Services at Your own risk and responsibility whether supervised or not by staff.

18.3. Under the ACL, Southpac Strength must:

a) Provide services with due care and skill.

b) Ensure services are fit for their intended purpose.

c) Deliver services within a reasonable time.

18.4. The CCA permits a supplier of recreational services to ask You to accept some limitations on the statutory guarantees in clause 16. To the extent permitted by section 139A of the CCA, You acknowledge and agree that we exclude all liability to You for death or injury resulting from a failure by Southpac Strength to comply with any statutory guarantee.

18.5. To the extent permitted by law, You agree that Southpac Strength and its Related Entities are excluded from liability for any loss or damage (including any consequential loss or damage) suffered by You in respect of any incident arising out of injury, loss, damage, or death caused to You or Your property in any way whatsoever, except arising out of Southpac Strength’s reckless conduct.

18.6. Southpac Strength is not responsible for loss or damage to Your personal belongings.

18.7. You agree to pay for any damage You or Your guests cause to Southpac Strength's facilities through wilful acts or negligence.

18.8. Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (ACL) or any other applicable legislation which cannot be excluded by law.

18.9. Where permitted by law, Southpac Strength’s liability for a breach of any applicable consumer guarantee is limited, at our option, to the resupply of the services or the cost of having the services supplied again.

19. SECURITY

19.1. Southpac Strength is equipped with 24-hour CCTV surveillance (excluding bathrooms) and may use remote guarding services for security.

19.3 The recording of CCTV footage at our Clubs is done in a manner which is compliant with the relevant state legislation.

19.4. Any footage taken is viewed only by us and our authorised officers for the purposes of monitoring our Club and its facilities and for the protection of our members and for training and coaching purposes We reserve the right to keep and use footage for legal proceedings relating to conduct which occurs inside our Clubs.

19.5. We are also required by law to provide copies of requested CCTV footage to police and governing bodies, provided it is requested through the appropriate channels.

19.6. CCTV aims to enhance security but does not guarantee protection.

20. PRIVACY

20.1. Southpac Strength respects Your privacy and handles personal information in accordance with applicable privacy laws and our Privacy Policy.

20.2. You agree to provide and allow Southpac Strength access Your personal information. You consent to the collection, use, disclosure, and handling of Your personal information as per Southpac Strength 's Privacy Policy, accessible at www.https://southpacstrength.com.au, which policy may change from time to time.

20.3. Southpac Strength may take photos, films, videos, or audio recordings of Members from time to time for advertising and promotional activities. We may use this across our social media and other platforms. By accepting these Terms, you grant us the right to use any such images or videos for business and promotional material, which may be used for promotional purposes. Southpac Strength retains ownership of the content and You agree you will not expect or be entitled to any remuneration, royalties, or compensation for the use of Your likeness or voice in such materials, unless otherwise agreed to by You and Southpac Strength in writing.

21. MEMBERSHIP UPGRADE AND DOWNGRADE

21.1. If You wish to upgrade/downgrade Your Membership plan, You may request us to upgrade/downgrade Your Membership by giving us one (1) weeks' written notice of the changes and paying for all services used up until the date of the notice.

21.2. Upon receiving Your request and confirmation of payment for all services used up to the date of the notice, changes to Your Membership will take effect from the start of the next billing cycle following the end of the notice period.

22.   MEMBERSHIP SUSPENSION

22.1. You may temporarily suspend Your Membership if Your account is current.

22.2. Two (2) suspensions, of up to one (1) month is permitted in a 12 month period per Ongoing Membership. Suspensions exceeding this will incur fees.

22.3. The suspension may be for any reason (including personal, holidays, medical, temporary physical incapacity, injury and illness).

22.4. You must give Southpac Strength prior written notice of two (2) business day in order for Your Membership to be suspended.

23. MEMBERSHIP CANCELLATION

23.1. You can cancel Your Membership anytime.

23.2. You must provide two (2) weeks' notice in writing. Verbal cancellations are not accepted. During the two-week notice period, the Membership will remain active, and Members are responsible for any fees due within this period.

23.3. If Your Membership is up to date, You can opt to terminate Your Membership effective immediately for any reason. This will incur a termination fee as set out in the fees and charges schedule. Upon receipt of the termination fee, Southpac Strength will stop any future direct debits or invoices from Your nominated payment method and Your Membership will be cancelled immediately and access to any services will be revoked.

23.4. All outstanding fees must be paid in full before the Membership can be officially cancelled. This includes any monies owed up to the end of the two-week notice period.

23.5. If You joined under a special promotional rate or term, the conditions of the promotion will dictate any applicable refund or cancellation terms, as outlined in that promotional agreement.

23.6. Upon cancellation, You will also be liable for payment of any fees for services already supplied.

23.7. If You cancel during a suspension period, Your suspension ends immediately. The standard direct debit immediately resumes and the notice period for cancellation apply.

23.8. You acknowledge and agree that Your failure to use Southpac Strength's facilities and services does not, in and of itself, allow for early cancellation of Your Agreement with Southpac Strength nor does it warrant a refund of any type.

23.9. Southpac Strength will acknowledge receipt of notice with seven (7) days.

23.10. Any refunds will be paid within twenty-one (21) days of termination of the Agreement less any applicable fees.

24.  MEMBERSHIP CANCELLATION DUE TO PERMANENT SICKNESS OR PHYSICAL INCAPACITY

24.1. You can cancel if You cannot exercise for twelve (12) months or more by providing:

a) Written notice of cancellation.

b) A medical certificate; and

c) Other supporting documents as reasonably requested by Southpac Strength.

24.2. If approved, Southpac Strength will cancel Your Membership immediately and waive the notice period. The unused portion of any fees paid in advance beyond the date Southpac Strength approve cancellation, will be refunded at the rate of 50% on a prorated basis within twenty-one (21) days.

25.   CANCELLATION BY SOUTHPAC STRENGTH

25.1. Southpac Strength reserves the right to cancel Your Membership immediately for breaches of this Agreement or for failing to rectify breaches of this Agreement after notice within a reasonable timeframe.

25.2. Upon cancellation under clause 25.1, any outstanding fees owed up to the date of termination will be immediately due and payable. You will also be liable for fees for any services rendered. You may also be liable for costs or damages due to any breach by You of these Terms and Conditions.

25.3. You will not be eligible for a refund for any unused sessions or any fees paid in advance.

26. AMENDMENTS TO THIS AGREEMENT OR SERVICES

26.1. The Facilities and the Services offered by Southpac Strength are subject to change from time to time without notice to You (provided that such Facilities and Services will be of no less quality than provided as at the Membership Start Date, subject to fair wear and tear).

26.2. Southpac Strength will display proposed changes to the following at the facilities, on its website, via email or other appropriate means:

a) At least sixty (60) days before changes to Membership plans, including Membership Fees and benefits.

b) At least seven (7) days before changes to opening hours, timetables or Policies.

26.3. Your Membership will be updated from the effective date of the change. By continuing Membership beyond the effective date of any revised Agreement, You accept the changes to the terms and conditions.

27. INTELLECTUAL PROPERTY

27.1. No rights in relation to Southpac Strength's logo, trade marks, brand or any other intellectual property rights associated with its business, techniques, exercise programs or classes are granted to You under these Terms and Conditions or Your Membership Agreement.

28. GENERAL

28.1. This document constitutes the entire Agreement between You and Southpac Strength. It supersedes all previous discussions, understandings, and agreements.

28.2. Failure by either party to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision. A waiver of any breach of these Terms and Conditions must be in writing and signed by the waiving party.

28.3. If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

29. WAIVER

29.1. Any failure on our part to enforce any provision of these Terms or any Club rules shall not constitute a waiver of the relevant provision or rule, nor shall it affect our right to subsequently enforce the relevant provision or rule.

29.2. Failure by either party to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision. A waiver of any breach of these Terms and Conditions must be in writing and signed by the waiving party.

30. SEVERANCE

30.1. If any of these Terms are held by a court to be illegal, unenforceable or invalid, the offending provision will be severed from these Terms and the remaining provisions of the Terms will continue in full force and effect.

31. CONTACT

31.1. You agree to receive communications from Southpac Strength, including regarding Your Membership, special offers or promotions, via email, SMS, the app or other contact methods provided and You will ensure Your contact details are accurate and up to date.

31.2. If You do not wish to receive communications from us regarding Your Membership, special offers or promotions then please send us an email or letter confirming that You wish to unsubscribe from such methods of communication.

32. COMPLAINTS AND DISPUTES

32.1. You must lodge any complaints or disputes in writing promptly with Southpac Strength management.

33. JURISDICTION

33.1. This Agreement is governed by the laws of the State of Queensland and You submit to the non- exclusive jurisdiction of the courts of Queensland.

34. FORCE MAJEURE

34.1. Southpac Strength will not be responsible for any delay in performing their obligations under these Terms and Conditions due to causes beyond reasonable control.

35. BREACH OF TERMS

35.1 Without limiting any other provision of these Terms, by accepting these Terms you agree to indemnify us and keep us indemnified from and against any loss, damage, personal injury, death or claim which we suffer, pay or incur as a result of:

(a) your breach of any of the provisions contained within these Terms;

(b) any warranty you have provided us being untrue at the time you gave the warranty or becoming untrue subsequently.

36. NOTICES

36.1. Whenever these Terms refer to a requirement for notice to be given (whether by you or by us), all such notices must be in writing.

37. MEMBERSHIP PLANS & BENEFITS SCHEDULE

37.As per membership option

38. MEMBERSHIP FEES AND CHARGES SCHEDULE

38.1. Membership: as per membership option

38.2. Annual Registration Fee: equal to two (2) payments of Your current recurring Membership fee.

38.3. Suspension Fee: Any suspension period exceeding one (1) month - $15.00 per week.

38.4. No-show Fee: $10.00 per no-show.

38.5. Administration Fee:$15.00. Management may waive this fee at its discretion.

38.6. Termination Fee: 60% of required notice period.

38.7. Direct Debit Fees as outlined in Clause 13.

Please note that Membership plans are subject to change by notice in accordance with this Membership Agreement.