The fine print.

1. Definitions

1.1 The following definitions apply in these terms:

• Cancellation: A member must give written notice to Sub10 Training and Recovery Ltd or Ezidebit to indicate their intention to terminate the membership.

• Ezidebit: The payment system used by Sub10 Training and Recovery Ltd to process recurring Direct Debit membership payments.

• Direct Debit: The authorised ongoing payment of membership fees via Ezidebit.

• Early Termination: Refers to the cancellation of the membership before the completion of the Minimum Term.

• Early Termination Fee: This fee is the lower of either: (a) 25% of the remaining payments due from the cancellation date until the end of the Minimum Term; or (b) $250.00.

• Facilities: The amenities available at Sub10 Training and Recovery Ltd, including but not limited to restrooms, changing rooms, showers, saunas, ice baths, and other facilities accessible to Sub10 Training and Recovery Members.

• Foundation Member: A Member holding a Foundation Membership.

• Foundation Membership: The pre-opening membership option, which offers reduced fees as long as the membership remains at Sub10 Training and Recovery Ltd.

• Member: An individual who has entered into a membership agreement with Sub10 Training and Recovery Ltd to access the Facilities and Services offered.

• Membership Agreement: The agreement between you and Sub10 Training and Recovery Ltd regarding your membership.

• Minimum Term: The agreed-upon minimum duration of the Agreement, as outlined in the payment plan clause.

• Written notice: Means an email to Sub10 Training and Recovery Ltd from your registered email or signing a cancellation agreement at Sub10 Training and Recovery

• Services: The offerings available to members or other customers, which may include but are not limited to strength training equipment, cardio equipment, free weights, group fitness classes, personal training and body composition scanning.

• Suspension: A temporary hold on membership and payments requested by a member for medical or personal reasons.

1.2 In these terms, unless otherwise required by context: (a) References to clauses, sub-clauses, and schedules refer to those in these terms; (b) Singular words include the plural, and vice versa. Words of one gender include all genders; (c) Headings are for reference only and do not impact the interpretation of this Agreement; (d) References to 'including' or similar terms will be interpreted as including but not limited to; (e) 'You' or 'Your' refers to the individual applying for a Sub10 Training and Recovery Ltd membership as described in these terms.

2. Membership

2.1 Membership Nature: Your membership allows you to use the Sub10 Training and Recovery Ltd premises, facilities, equipment, and services as per the membership type you selected. Your membership cannot be transferred by you unless approved by Sub10 Training and Recovery Ltd management. Sub10 Training and Recovery Ltd reserves the right to offer memberships at different prices. Membership fees and rates are based on regional operating costs and local market conditions.

2.2 Foundation Membership: A Foundation Member retains the value and benefits of their Foundation Membership for the duration of the Membership Agreement, provided the membership remains at Sub10 Training and Recovery Ltd. If membership ceases, then Foundation Membership is cancelled.

3. Privileges

3.1 24/7 Member Access: Sub10 Training and Recovery Ltd operates as a 24-hour gym, and all members, except those under 16 or on an off-peak membership, are allowed 24/7 access using their access key. Members must sign or agree to these terms and/or their Membership Agreement before receiving a key tag or bluetooth access. Each Member must have their own key tag and use it upon each entry and exit. Sub10 Training and Recovery Ltd reserves the right to deny entry to any Member who cannot produce a valid key tag. Access may be revoked for any Member who breaches these terms, their Membership Agreement, behaves abusively towards staff or other Members, allows non-members access outside staffed hours without written permission, or is in arrears with their membership payments.

3.2 Unauthorised Guest Access: Only Members have 24/7 access to Sub10 Training and Recovery Ltd Facilities. Any Member who brings a non-member into a Sub10 Training and Recovery Ltd during unstaffed hours acknowledges: (a) You accept personal responsibility for any injury, loss, damage, or theft caused by the non-member, whether or not Sub10 Training and Recovery Ltd was negligent; (b) You may be charged for any associated costs; (c) Your membership may be terminated immediately, with a $250.00 non-compliance fee charged to their bank account; (d) You will be banned from re-joining Sub10 Training and Recovery Ltd.

3.3 Additional Services: All memberships include unlimited access to all cardio, strength equipment, free weights, and accessories. There are fees for additional services like the recovery suite, personal training and body scans. The specific services included in your membership will be detailed in your Membership Agreement.

3.4 Membership Suspension: Sub10 Training and Recovery may suspend your membership if you meet the suspension criteria. To be eligible, you must be in good standing with all fees paid. Suspensions can last up to 3 months and must have an end date. Longer suspensions require a medical certificate. Suspension fees may apply. Memberships may be automatically suspended during a government-mandated shutdown, such as during a pandemic, without suspension fees, but members may choose to opt-in for voluntary payments to support Sub10 Training and Recovery Ltd.

4. Membership Fees

4.1 Membership Fees: You agree to pay the fees outlined in your Membership Agreement and adhere to the Direct Debit terms set by Ezidebit.

4.2 Payment: You agree to make the payments specified in your Membership Agreement for the Services included in your membership. You may update your payment details with Sub10 Training and Recovery Ltd or Ezidebit to ensure timely payments.

4.3 Administration Fee: A one-time $13 administration fee is payable to Ezidebit and will be deducted with the first instalment.

4.4 Dishonour Fee: A $10.00 fee will be charged by Ezidebit if a Direct Debit payment is dishonoured by your bank. Dishonoured payments may result from insufficient funds, an expired payment method, or a payment stop applied by you.

4.5 Default: If a Direct Debit payment defaults, the outstanding amount will accumulate until resolved. If the payment method is inaccessible, Ezidebit will notify you in writing, giving you 14 working days to resolve the arrears. If unresolved, Ezidebit may notify a debt collection or credit reporting agency.. You will be liable for all collection costs, and Sub10 Training and Recovery Ltd reserves the right to deny access to its premises until arrears are cleared.

4.6 Early Cancellation Fee: Cancelling your membership within the Minimum Term incurs a maximum fee of $250 or 25% of the remaining balance, whichever is less. The early cancellation fee must be paid, and the membership will remain active until all payments are made in full.

4.7 Fee Increase: Sub10 Training and Recovery Ltd reserves the right to adjust membership fees. You will be notified in writing at the email address provided, with changes taking effect no less than 30 days after receipt of the notice. If you disagree with the fee increase, you have 5 business days to notify Sub10 Training and Recovery, where standard cancellation terms will apply. Failure to respond will be considered consent to the new fees.

5. Cancellation, Termination, and Refund

5.1 Sub10 Training and Recovery Ltd reserves the right to terminate a Member's membership agreement under the following circumstances: (a) Failure to renew a prepaid membership before its expiry; (b) Direct Debit membership arrears; (c) Foundation Membership ceasing; (d) Improper or harmful conduct by a Member; (e) Violation of Sub10 Training and Recovery Ltd policies or Sub10 Training and Recovery Ltd rules; (f) Conduct resulting in damage, theft, or loss of property or revenue.

Termination takes effect when Sub10 Training and Recovery Ltd sends written notice to your last known address , phone number or email. You are liable for all financial obligations until that date. Prepaid fees are non-refundable, and you must return your access key immediately.

5.2 Basic Cancellation Rights and Refund: You may cancel your membership and receive a refund for any unused portion if: (a) You are permanently sick or physically incapacitated, preventing you from using the Facilities, subject to written verification from a licensed physician; (b) In the event you die, your estate must provide written evidence.

Sub10 Training and Recovery Ltd will refund any unused prepaid membership.

5.3 Cooling-Off Period: You have the right to cancel your membership within five (5) working days of receiving an electronic copy of this Agreement. Cancellation must be made in writing. If you cancel during the cooling-off period, your membership will be terminated, and any initial payments or Direct Debit fees will be refunded, minus the cost of services provided and reasonable fees.

5.4 Termination of Direct Debit Membership – Outside Minimum Term: If your Direct Debit membership is outside the Minimum Term, you may terminate it by providing written notice to Sub10 Training and Recovery Ltd – 14 days' written notice is required. The membership will expire after 14 days, once all payments due within that period are received.

5.5 Termination of Direct Debit Membership – Inside Minimum Term: If your Direct Debit membership is within the Minimum Term, you may cancel it immediately by paying the early cancellation fee of $250 or 25% of the remaining balance, whichever is less. Notice of termination must be received at least two (2) days before your next scheduled debit date.

5.6 Effect of Termination and Financial Obligation: Upon cancellation or termination, your access to the Facilities ends, and Sub10 Training and Recovery may deny you entry. Any outstanding debts are immediately due, and Sub10 Training and Recovery may deduct the amount from any refund you are eligible for. If the refund is insufficient to cover the debt, you must pay the remaining balance.

6. Minimum Age

6.1 All Sub10 Training and Recovery Ltd Members must be at least 14 years old. Members under 18 require a parent or guardian to co-sign a consent form.

6.2 Members under 16 must adhere to the following restrictions: (a) Access during staffed hours only – their access key will be restricted based on their date of birth; (b) A parent or guardian must sign and return a consent form; (c) A parent or guardian must complete a pre-exercise questionnaire.

7. Unstaffed Hours

Sub10 Training and Recovery Ltd operates 24/7, and Members can access the facilities outside staffed hours using their access key. By using the Facilities during unstaffed hours, you acknowledge that you do so at your own risk. If you feel that exercising in an unstaffed facility poses a risk to your property, health, or safety, do not sign the Membership Agreement.

8. Staffed Hours

Staffed hours are posted at the entrance of the building and Sub10 Training and Recovery Ltd website and Facebook pages. Sub10 Training and Recovery Ltd reserves the right to change staffed hours at any time without notice.

9. Privacy Policy

By becoming a Member, visiting Sub10 Training and Recovery Ltd, using our website, or other services, you provide your personal information to Sub10 Training and Recovery Ltd.

10. Video Surveillance

Sub10 Training and Recovery Ltd uses video surveillance to monitor 24/7 for security purposes. By signing the Membership Agreement, you acknowledge that you will be subject to video surveillance. Surveillance is limited to floor areas and entrances and does not cover bathrooms or changing areas. Surveillance footage will only be used for security purposes.

11. Photography and Filming

11.1 Photography and filming are prohibited at Sub10 Training and Recovery Ltd, without written permission. Members must not photograph or film other Members without their consent, including on social media.

11.2 Sub10 Training and Recovery Ltd reserves the right to film and photograph within the Sub10 Training and Recovery Ltd for promotional purposes. You will be notified if this occurs while you are in the Sub10 Training and Recovery Ltd.

12. Orientation

New Members are entitled to a free orientation to learn the safe and correct use of the equipment provided. It is the Member's responsibility to request an orientation.

13. Wi-Fi (If Applicable)

Complimentary Wi-Fi access is available for responsible use. Members must abide by all laws regarding safe and legal internet use. Illegal downloads, streaming, or viewing inappropriate content is prohibited. Sub10 Training and Recovery Ltd reserves the right to change passwords regularly.

14. Equipment

You acknowledge that Sub10 Training and Recovery Ltd purchases or leases its equipment from third parties and does not manufacture any fitness equipment used. Sub10 Training and Recovery Ltd is providing recreational services and is not liable for defective products or equipment.

15. Physical Conditions and Medical Advice

You confirm that you are in good physical condition and do not have any medical conditions that might prevent you from safely using the equipment. Sub10 Training and Recovery Ltd does not provide medical advice and cannot advise you after using the equipment. If you have any health concerns, discuss them with your doctor before using the equipment. If your physical condition changes during your membership, you must inform Sub10 Training and Recovery Ltd immediately.

16. Drugs and Alcohol

The use of drugs and alcohol on Sub10 Training and Recovery Ltd premises or accessing the Sub10 Training and Recovery Ltd under the influence of drugs or alcohol is strictly prohibited. Members found or suspected being under the influence may be asked to leave, have their membership terminated immediately, and/or authorities notified.

17. Liability for Property

Sub10 Training and Recovery Ltd is not liable for any personal property that is damaged, lost, or stolen while in or around our Sub10 Training and Recovery Ltd, including vehicles or their contents or any property left in an open locker. You are liable for any damage you cause to Sub10 Training and Recovery Ltd or equipment and you must cover the cost of repair or replacement.

18. Change of Details

You must update Sub10 Training and Recovery Ltd with any changes to your details relevant to your membership, including address, contact number, bank account details, and email address. Sub10 Training and Recovery is not responsible for information not received if your contact details change and are not updated.

19. Entire Agreement and Enforcement

You acknowledge that Sub10 Training and Recovery Ltd has not made any representations or promises that you relied on when entering the Membership Agreement. This document contains the entire agreement between you and Sub10 Training and Recovery Ltd, replacing any oral or other written agreements unless otherwise agreed.

 Exemption of Liability

 Release and Indemnity:

By agreeing to be a Member, I understand that the risk of injury from activities at Sub10 Training and Recovery Ltd is significant, including permanent paralysis and death, and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that Sub10 Training and Recovery Ltd is unsupervised and assume all risks associated with using exercise equipment without the aid or supervision of staff members.

I understand that Sub10 Training and Recovery Ltd is a privately owned as Sub10 Training and Recovery Ltd, and I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Sub 10 Training and Recovery Limited, directors, shareholders and employees ("Releasees") with respect to any claim or demand arising from injury, disability, death, or loss or damage to any person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, in connection with my use of the equipment or the Facilities, or any incident related to my membership.

I will indemnify the Releasees against all claims, actions, losses, and expenses incurred by them in respect of or arising out of: (a) Negligent or careless use of the Sub10 Training and Recovery Ltd Facilities or equipment by myself or any guest under my control; (b) Any accident or damage to property or persons resulting from any act or omission by myself or any guest under my control.

I expressly agree that this release is intended to be as broad and inclusive as permitted by law, and if any part of this release is held invalid, the remainder shall continue in full force and effect. This release applies to my personal representatives, and in the case of a family membership, to any minor included in my membership, on whose behalf I sign as parent/guardian. I understand that Sub10 Training and Recovery Ltd relies on this release in agreeing to enter the Membership Agreement.