Members T & C's | Social Remedy

Social Remedy – Membership Terms and Conditions

1 Introduction

1.1 At Social Remedy, the health, wellbeing, and safety of all our members and staff is our paramount concern. To maintain a safe and comfortable setting for all members and staff, we kindly request your cooperation in adhering to the Terms and Code.

1.2 Before embarking on any journey with us, we require all Members to:

(a) Complete the Member contact details;

(b) Complete the Pre-Workout Medical Questionnaire;

(i) This agreement; and

(ii) Our Privacy Policy, to make sure you understand and agree to abide by these Terms before signing – please ask us any questions or raise any concerns before signing.

2 Deﬁnitions and Interpretation

2.1 Deﬁnitions

The following words have these meanings in the Agreement unless the contrary intention appears:

(a) Age Policy: means the policy applicable to Members under the age of 18, available on our website at https://www.socialremedy.com.au/age-policy.

(b) Agreement: means this agreement including the Schedules.

(d) B3 Classes: means any form of “B3 – Build, Breath, Bath”, offered and run by Social Remedy which are included in the Class Schedule.

(e) Breach of Terms Email: means an Email sent by Social Remedy to a Member where the terms of this Agreement have not been complied with and requesting compliance.

(f) CCTV: means Closed Circuit Television.

(g) Classes: means the classes offered and run at Social Remedy, at the times set out in the Class Schedule.

(h) Class Schedule: means the daily schedule of classes as set out on our Website.

(i) Code: means any code of conduct in relation to operating equipment and behaviour in the Studio, whether speciﬁed in these Terms, in the Studio by signs or by handouts.

(j) Direct Debit Agreement: means the agreement is paid by weekly installments, by direct debit. This agreement is only available to permanent locals in the area of the Studio – members are required to provide proof of residency or employment in the local area. This membership is not available for transient members.

(k) Facilities: includes the Gym Area, Recovery Area and Wet Areas of the Studio.

(l) Fees: means the fees or amounts payable by the Member under this Agreement including those set out in the Schedule.

(m) Fixed Term Agreement: the agreement is for a ﬁxed term of either 1, 2, 3, 6 or 12 months, as set out in the Schedule.

(n) Fitness Passport: means the corporate health and ﬁtness program that a member’s employer may offer to members.

(o) Gym Area: means that part of the Studio designated as gym area and includes the area where exercise equipment and free weights are located.

(p) Gym Area Staffed Hours: means Monday to Friday 7.00am to 7.00pm, and Saturday 7.00am to 6.00pm.

(q) Gym Classes: means the Classes which are not a B3 Class or Yoga and Pilates Class.

(r) Holiday Closure Periods: means Public Holidays in the location of the Studio and the period between Christmas Eve and the end of January in any given calendar year.

(s) Holiday Pass: this is available for holiday makers staying in the surrounding areas on a short term basis, and can be purchased for use for 1, 2, 3 or 4 weeks.

(t) Membership Options: means the different memberships available as set out in clause 3.

(u) Minimum Term: means the Minimum Term that the Member agrees to remain a Member as speciﬁed in Schedule 1.

(v) Staffed Hours: means the Gym Area Staffed Hours or the Recovery Area Staffed Hours, as applicable, except where such hours fall on Holiday Closure Periods.

(w) Recovery Areas: means those areas of the Studio comprising the sauna, steam rooms and ice baths.

(x) Recovery Area Staffed Hours: Monday to Friday 6.30am to 8.30pm, Saturday 7.00am to 6.00pm and Sunday 10.00am to 5.00pm.

(y) Studio: means the studio where the Member has joined and entitles the Member to visit.

(z) Tag/s: means the Member’s access card, which allows a Member to enter the Studio and is required to be presented to gain access to the Studio.

(aa) Terms: means the terms and conditions set out in this Agreement.

(bb) Third Party Payment Provider: is the third party payment provider nominated by Social Remedy from time to time, currently being EziDebit, phone: 130 763 256 email: gpaunz-legal@globalpay.com

(cc) Treatments: means the various services and treatments offered by Social Remedy as advertised on the Website.

(dd) Upfront Agreement: The agreement is a Fixed Term Agreement, which is being paid by the Member, in totality upon commencement of the Agreement.

(ee) Yoga and Pilates Class: means any form of Yoga or Pilates class which is offered and run by Social Remedy which is included in the Class Schedule.

(ff) You, Your, Member: means the person whose name in which the membership has been created as set out in the Schedule, which may be different to the person paying the membership, and includes a parent or guardian where the member is under 18 years of age.

(gg) Website: means the website owned and operated by Social Remedy available at www.socialremedy.com.au.

(hh) Wet Areas: means the bathroom and shower facilities provided for use by Members.

1.2 Interpretation

In this Agreement unless the contrary intention appears:

(a) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(b) the singular includes the plural and vice versa;

(d) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes and assigns; and

(e) a reference to a business day is a day other that a Saturday, Sunday or a public holiday in the area where the Studio is located; and

(f) an Agreement, representation or warranty on the part of or in favour of 2 or more persons binds or is for the beneﬁt of them jointly and severally.

1.3 Headings are inserted for convenience and do not affect the interpretation of this Agreement.

3 Membership Options

3.1 The following is a summary of the membership options available at Social Remedy – The Schedule states which Membership applies to your Agreement:

Membership Type

What is included?

Platinum Membership

✔ Unlimited access to Gym Areas and use of exercise equipment on a 24/7 basis;

✔ Unlimited participation in of Classes, subject to availability; and

✔ Unlimited use of the Recovery Areas, subject to availability during the Recovery Area Staffed Hours. This membership is available as an Upfront Agreement, Direct Debit Agreement or Holiday Pass.

Yoga, Pilates and Gym Membership

✔ Unlimited participation in Classes, subject to availability; and

✔ Unlimited access to Gym Areas and use of exercise equipment on a 24/7 basis.

This membership is available as an Upfront Agreement, Direct Debit Agreement or Holiday Pass.

Gym Membership

✔ Unlimited participation in Classes, subject to availability, excluding Yoga and Pilates classes; and

✔ Unlimited access to Gym Areas and use of exercise equipment on a 24/7 basis.

This membership is available as an Upfront Agreement, Direct Debit Agreement or Holiday Pass.

Recovery Area Casual Visit

This membership includes 1 hour access to the Recovery Area and is available to either Members or Non-Members, subject to availability, during the Recovery Area Staffed Hours.

Gym & Recovery Area Casual Visit

This membership gives you a single entry to the Gym Area and Recovery Area, on the same day (i.e. entry is only permitted once) during the Staffed Hours.

4 General Terms & Conditions

4.1 These Terms apply to all Members.

4.2 By using and/or accessing the Studio and Facilities, you agree to the Terms.

4.3 When you become a Member, a photo will be taken of you for safety and security reasons and the photograph will be used and stored in accordance with our Privacy Policy.

4.4 To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

(a) Entry

(i) All Members are required to complete Social Remedy’s safety induction before they can access the Studio outside of staffed hours.

(ii) For Member’s safety, you cannot ask another member to provide you with access to the Studio outside Staffed Hours.

(iii) Entry will be refused, or you may be requested to leave the Studio, if:

A. You are using abusive or threatening language or behaving in a threatening way; or

B. You are under the inﬂuence of drugs or alcohol; or

C. You instruct other Members who has not authorised you to do so; or

D. You behave in another way that is considered by Us to be risky or seriously inappropriate.

(iv) If you deliberately misuse the emergency system in any way, you agree to pay any costs, loss or damage incurred by Us, because of Your misuse.

(v) Members under 18 years of age are only allowed access during Staffed Hours. For further information, please refer to our Age Policy.

(vi) Bags are not permitted on the Studio ﬂoor for safety reasons.

(b) Tag

(i) All Members must present their Tag upon entry to the Studio at every visit. If you attend the Studio without your Tag or photo ID, We may refuse your entry. You must scan your Tag and register your attendance for safety, security and insurance purposes.

(ii) If you lose your Tag, a replacement can be purchased from Reception upon providing proof of identiﬁcation for the Replacement Fee.

(iii) A Member must not lend their Tag to any other person to access the Studio.

(iv) You must not admit guests or in any way facilitate unauthorised access to the Studio. If you breach this obligation, We will notify You and a tailgate fee of $50 will be payable by You. Subsequent breaches of this obligation will incur additional tailgate fees and risk removal of 24/7 access and cancellation of membership. Where You breach this obligation 3 times, your Membership will be immediately cancelled.

All casual visitors to Social Remedy are required to present photo identiﬁcation upon every visit, complete the sign-in register, and otherwise comply with our general conditions of entry and any Code of conduct as contained in these terms and conditions.

(d) Non-Smoking

Our Studio including the exterior of the Studio are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

(e) Recovery Areas

Sauna, steam rooms, ice baths and any other recovery areas are available for male and female use and as such minimum standards of dress apply. All Members must shower prior to using the Recovery Area facilities.

Normal pool safety rules apply for the safety and convenience of all users.

You must follow all signs and never run, dive or jump in these areas.

For your own safety, the Recovery Areas cannot be accessed outside of the Recovery Area Staffed Hours. Use of the Recovery Areas is at your sole risk.

(f) Gym Areas

The Gym Areas are staffed during the Gym Areas Staffed Hours only. The Gym Area has after-hours lanyards of distress (necklaces or wristbands which Social Remedy recommends be worn by Members using the Gym Area during unstaffed hours.

(g) Induction

Social Remedy provides an induction to all Members on their ﬁrst visit to the Studio. Members must familiarise themselves with the location of distress and emergency buttons and emergency exists and other emergency equipment.

(h) Suitable Clothes

All Members must wear suitable clothes and enclosed sports shoes in any exercise areas including the Gym Area, except for wet areas. A shirt or singlet must be worn at all times – we do not allow Members to work out with no clothing. We do not allow clothes with offensive images or inappropriate advertising.

(i) Towels

You are required to use a clean towel when participating in classes and when exercising on gym equipment (including exercise mats) to maintain our hygiene and safety standards. You may be requested to cease training if you do not use a towel.

(j) Camera Use

You must not use cameras in our Studios without our permission. Taking photos or videos of other Members without their consent is a breach of our terms and conditions.

(k) Parking

You park in the Studio’s car park or on the Studio premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

(l) Personal Training

Personal training services are available in our Studios for an additional fee. Please contact our Studio for more information. Our personal trainers within our Studios may be contractors or employees. If they are contractors and not directly employed by Us then all arrangements for personal training services and payments should be made directly with the personal trainer.

Please note only authorised Social Remedy registered personal trainers are permitted to train Members in Our Studio. Conducting personal training within our Studio without being an approved personal trainer may result in the cancellation of your Membership

(m) Child Minding

Social Remedy does not provide child minding services. Minors are not permitted to accompany Members to the Studio.

(n) Studio or surrounds as home

Members are not permitted to use the Studio or the Wet Areas as a substitute for a home in any way. Members who use the Wet Areas in a way which suggests they are being used as a personal facility, may have their membership cancelled at Social Remedy’s sole discretion.

Sleeping in vehicles on or around the Studio is not permitted under any circumstances. Your Membership will be terminated at the sole discretion of Social Remedy.

(o) Treatments

Social Remedy offers Treatments for Members and non-members. All Treatments are provided by therapists which are contractors, who are qualiﬁed practitioners in the area of treatment being provided (External Providers). All practitioners are required to have ﬁrst aid training up to date and hold personal liability insurance.

Treatments do not form part of a Membership. All Treatments are to be booked directly at the front desk/reception of the Studio or via the Website. You will need to pay service fees directly to the External Providers and we are not responsible for those fees or for any associated costs or refunds.

A cancellation fee applies and will be charged where Treatments are cancelled, within:

(i) 24 hours of the start time of the Treatment - 50 % of the Treatment cost.

(ii) 12 hours of the start time of the Treatment - 100% of the Treatment cost.

Any service provided by an External Provider is a contract between the External Provider and You and to the extent permissible by law, We do not accept any responsibility for a breach of contract or negligence.

If you make a claim because of something an External Provider has or has not done, Your claim should be brought against the External Provider, not Us, whether you have paid them or not. To the extent permissible by law You release us from any claim resulting from an act or omission by an External Provider.

5 Use of Equipment

5.1 You agree to read and follow all safety instructions displayed on equipment and facilities throughout the Studio.

5.2 You are required to return equipment to their original state when you have ﬁnished, including:

(a) Return weights and bars to their rack.

(b) Unload plates from machines and bars.

(d) Wipe down all equipment used with cleaning materials located in the Gym Area.

5.3 You must not drop weights from any height onto the ﬂoor or other surface in the Studio.

5.4 You are responsible to ensure you correctly operate any equipment you use in the Studio. If you are not sure of correct use or operation of equipment please seek assistance from a team member.

5.5 As a courtesy to other members, please use a clean towel when using equipment.

5.6 Telephone calls are not to be taken inside the Studio.

5.7 If you cause damage to any equipment or any of the facilities at the Studio you should notify a member of staff. You may be held responsible for the cost of repair or replacement if intentionally using a piece of equipment not as it is designed to be used.

6 Lockers, Valuables and Lost Property

6.1 We recommend that you do not bring valuables into the Studio.

6.2 Lockers are available and are located in the change rooms, however lockers are not security devices.

6.3 Damage to, or the loss of locker keys, cards and tokens, will incur a reasonable charge to repair the damage or replace the item.

6.4 The Studio is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Studio.

6.5 To the extent permitted by law, Social Remedy are not responsible for any loss of, or damage to, personal property from the Studio or a locker. We also recommend that you keep all valuables with you while using the Studio.

6.6 As lockers are cleared daily, personal items are not permitted to be stored in lockers overnight. Any items remaining in lockers or items that have been handed into Reception will be held for two weeks and then donated to charity.

7 Minors

7.1 Minors between the ages of 12 to 17 may be eligible for a membership subject to Our Age Policy and the following general terms and conditions:

(a) Minors must comply with all safety requirements of the Studio as communicated to the Member from time to time;

(b) The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

(d) All minors can only access the Studio during Staffed Hours, subject to the qualiﬁcations and exclusions listed in the Age Policy; and

(e) All minors must leave the Studio immediately once Staffed Hours have ended.

8 CCTV

8.1 You acknowledge and understand that CCTV is installed in appropriate areas within each Studio and surrounds, including at all entry ways, Gym Areas and Recovery Areas as a strategic component for staff, members and contractor safety and crime and misconduct prevention.

8.2 By entering our Studio, you consent to being ﬁlmed under CCTV for these purposes and understand that we will only use and store your image in accordance with our Privacy Policy.

9 Group Classes

9.1 Where we offer group workout classes, availability is limited and must be booked in advance, through our Website.

9.2 You can cancel your booking, depending on the Class type, as follows:

(a) Gym Classes: up to 2 hours prior to commencement of your class. If you book and do not attend the class, or cancel within 2 hours of the class commencement time, you will be notiﬁed by email and charged a $10 no show fee.

(b) Yoga & Pilates Classes: up to 12 hours prior to commencement of your class. If you book and do not attend the class, or cancel within 12 hours of the class commencement time, you will be notiﬁed by email and charged a $20 no show fee.

(c) B3 Classes: up to 12 hours prior to commencement of your class. If you book and do not attend the class or cancel within 12 hours of the class commencement time, you will be notiﬁed by email and charged a $25 no show fee.

9.3 Entry after a Class has started may be refused by the instructor of the class.

10 Legal Responsibilities

Your responsibility:

10.1 Your responsibilities, including payment of Fees, do not depend on how often You use the Studio.

10.2 You must tell Us, in writing, about anything that affects your membership and any changes to the Your contact information and bank details.

10.3 You must inform us in advance and in writing if there are any risks to your health if you participate in ﬁtness services and if required, seek approval from your General Practitioner.

10.4 You promise not to use any of the facilities while suffering from any contagious illness, disease or infection, or while suffering from any physical ailment which is likely to cause further damage to you, our staff or other Members.

10.5 You promise to make sure that You know how to exercise safely and use Your best endeavours to do so – you agree to ask Us where you do not. You agree not to bring any valuables to the Studio, even if you plan to place them in a locker while you are in the Studio.

10.6 You acknowledge and agree that the Gym Area can be accessed outside the Gym Staffed Hours. However, you understand that there is no supervision or assistance of any kind provided by Social Remedy outside those hours. You further acknowledge that Social Remedy recommends that you have a workout partner where you access the Gym Area during unstaffed hours.

10.7 You agree not to steal or cause any damage, including vandalising any equipment, machinery, property, or thing we provide to Members. You acknowledge that any theft or damage to the Studio’s property may result in legal action being taken against you and may also result in termination of your membership and/or access to the Studio’s facilities, without refund.

10.8 You agree not to behave in a way that is intimidating to staff, contractors, or other members of the Studio, whether physical, verbal, or sexual in nature. You understand that the Studio has a zero-tolerance policy for harassment or intimidation of any kind, and you agree to abide by all rules and guidelines provided by Social Remedy regarding appropriate conduct and behaviour. You understand that failure to comply with this provision may result in immediate termination of your Membership and/or access to the Studio, without refund.

11 Release of Liability

11.1 In consideration of being permitted by Social Remedy to participate in the activities, use the equipment, and Facilities as provided in the Membership Type, the Member acknowledges and agrees that the use of the Gym Areas, Classes, Recovery Areas, Facilities, equipment, and participation in any physical activities carries inherent risks, including, the risk of personal injury, property damage, or death.

11.2 The Member voluntarily assume all risks and waives, releases, and discharge Social Remedy, its directors, employees, instructors, coaches, teachers, agents, afﬁliates, and contractors from any and all liability, claims, demands, actions, or causes of action arising out of or related to my participation in any activities at the Studio conducted by, or for the beneﬁt of Social Remedy, including but not limited to personal injury, property damage, or emotional distress.

11.3 The Member Indemniﬁes and holds harmless Social Remedy against any, and all claims or liabilities arising out of my actions, inaction, or conduct while participating in any activity at the Studio.

11.4 The Member represents that the Member is in good physical condition and has no medical condition that would prevent participation in the activities provided by Social Remedy. The Member agrees to inform Social Remedy’s staff of any changes in my health or physical condition that may affect the Member’s ability to safely participate in any activities it proposes to undertake at Social Remedy.

11.5 The Member acknowledges and agrees that it has read this clause carefully and understands its terms and voluntarily agrees to be bound by it. The Member acknowledges and agrees that it intends this waiver and release to bind the Member, its executors, administrators, heirs and successors. The Member understands that by signing this Agreement, it is giving up certain legal rights, including the right to sue Social Remedy for any injuries or damages resulting from my participation in any activities at Social Remedy.

11.6 To the extent permitted by law, Social Remedy excludes any liability to the Member in agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Agreement and/or the services/products provided by Social Remedy and/or any act or omission of Social Remedy.

12 Fees

12.1 All Fees are payable in advance unless otherwise set out in the Agreement. Fees are non-refundable and may be paid upfront or via direct debit.

12.2 You are responsible for paying all ﬁnes and Fees for the duration of your Membership.

12.3 If any fees are outstanding at the end of the week, we are entitled to without obtaining further authority from you to charge them to your nominated account and will not be responsible for any insufﬁcient funds charges that may occur during the collection of outstanding fees. We will not do this if you have provided written notice that the payment is disputed.

12.4 Where Members elects to pay by way of Direct Debit, Members acknowledge that:

(a) The Third Party Payment Provider has been engaged by Social Remedy to collect the Fees due under this Agreement and the Member further acknowledges that the member’s contractual relationship with the Third Party Payment Provider is separate to this Agreement.

(b) The Third Party Payment Provider’s terms and conditions can be found at https://www.ezidebit.com/en-au/legal-policies

(c) all queries and comments about the direct debit billing service should be directed to the Third Party Payment Provider.

Fee Increase

12.5 Social Remedy reserves the right to review Fees at any time during the Term of the Agreement. Any changes to Fees will be notiﬁed to Members by, notice directly to the Member, displaying such increase in the Studio or by displaying the price increase on the Website.

GST

12.6 All Fees set out in this Agreement include the current applicable rate of goods and services tax (GST). Your fees will change in line with any government GST rate changes.

Overdue Fees

12.7 If there are repeated failures to meet your payment obligations, without prejudicing any rights We have, Your membership may be suspended or terminated by written notice to You. All entitlements and entry to the Studio will be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.

12.8 If your automatic direct debit reverses or is refunded to You by Your ﬁnancial institution, We or the Third Party Payment Provider, will re-process the direct debit with a $14 late fee that may be applicable. If You fail to pay us the Fees by the due date, we are entitled to refuse you entry to the Studio.

12.9 If unpaid Fees remain outstanding, after We attempt to contact you to rectify the unpaid Fees, your membership may be forwarded to a third-party debt collector for further action.

Debt collection

12.10 If paying by direct debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notiﬁcation by Us, you authorise Us to notify any third-party debt collector of the default.

13 Upfront Agreement

13.1 This clause applies only to Upfront Agreement.

13.2 Upfront Agreements are required to provide credit card or bank details on sign up, these details are for the payment of any ﬁnes that may be incurred during the lifetime of the membership. All cash payments must be made in full at commencement of the contract.

13.3 When your Upfront Agreement is due to end you can renew your Upfront Agreement at the current membership rate as advertised by Us at the time of your membership renewal. By renewing your Upfront Agreement, you agree to the membership terms that apply at that time.

13.4 If you wish to cancel your Upfront Agreement for any reason no refund will be provided for the value of any unexpired term remaining on your Upfront Agreement.

14 Fitness Passport

14.1 Where a Member is a Fitness Passport holder, the Member is eligible to sign up for a Gym Membership on a Direct Debit Agreement.

14.2 All Fees debited by Fitness Passport are in no way related to Social Remedy and should be addressed with Fitness Passport directly.

14.3 If you would like to change your Membership you will need to end your Agreement with Social Remedy and enter into a new agreement with Social Remedy.

14.4 To cancel your Membership, you must give notice, in writing to Social Remedy.

15. Termination or Cancellation

15.1 In lieu of a cooling-off period, we offer Members a 3-day trial period, prior to signing up to be a Member. Accordingly, there is no cooling-off period following entry into the Agreement.

Permanent Sickness or Physical Incapacity

15.2 You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and a membership hold is not a suitable option with regard to your ﬁnancial circumstances, by providing Us 2 weeks notice, in writing. You must show us a current certiﬁcate from a qualiﬁed medical practitioner stating that you cannot utilise any ﬁtness services or facilities foreseeably because of your permanent illness of physical incapacity.

Bankruptcy

15.3 You may terminate your Agreement before the expiry of the Minimum Term if you are bankrupt and a membership hold is not a suitable option with regard to your ﬁnancial circumstances. To terminate your Agreement for this reason, you must provide Goodlife with evidence of a Notiﬁcation of Bankruptcy from the Australian Financial Security Authority (AFSA), conﬁrming your bankruptcy.

Termination by You

All Memberships

15.4 You may cancel your Membership, where:

(a) there is no Minimum Term; or

(b) the Minimum Term has passed

by providing notice in writing to Us, giving Us 30 days’ notice of Your desire to terminate the Agreement (Notice Period).

15.5 During the Notice Period, Fees remain payable by You and must be paid in full. Any Fees or other monies owed to Us at the date of termination, will remain a debt owed to and recoverable by Social Remedy and/or their third-party debt collector.

15.6 Notice of termination will not be accepted:

(a) during the Minimum Term of your Agreement; or

(b) during any period your Membership is on hold in accordance with clause 16.

15.7 Where you wish to terminate your Agreement during the Minimum Term, and we accept that notice, we will charge you the full amount which would have been paid for the Minimum Term, in addition to the 30-day notice period.

Periodic Memberships

15.8 If the Schedule to this Agreement states that your membership is:

(a) an ‘ongoing membership’ you acknowledge that unless you provide notice of termination of your membership, your Fees will continue to be deducted until notice is provided in accordance with clause 16.4.

(b) a ‘ﬁxed term agreement’ you acknowledge that it will terminate at the end of the Term set out in the Schedule unless you renew your Agreement prior to that date.

Termination for our Breach

15.9 You may terminate your Agreement without incurring a cancellation fee where:

(a) We breach an obligation to You and do not ﬁx the breach in a reasonable time after you have told us about it in writing. We will refund you any Fees you pay between the date of notiﬁcation and the date on which we decide that we cannot ﬁx the breach.

(b) Where there is a permanent closure of the Studio and we are unable to offer a suitable replacement studio for you to attend.

Termination by Us

15.10 Social Remedy reserves the right to terminate the Agreement in any of the following circumstances:

(a) You fail to abide by any of the criteria listed in the conditions of entry after being notiﬁed of any failure by you.

(b) You have been sent three Breach of Terms Notices.

(i) is incapable of being remedied; or

(ii) is capable of being remedied but remains unremedied after 14 days of being provided notice of the non-compliance; or

(iii) relates to payment of Fees, where those Fees remain outstanding after 30 days of their due date.

(d) If We reasonably believe that You have engaged in conduct that infringes on the health, safety or wellbeing of any other Members or staff.

(e) To protect the health and safety of You or other Members.

(f) If we temporarily or permanently close the Studio.

15.11 All fees remain payable up to the date of termination.

Change of Membership Type

15.12 If you change your Membership Type to increase the services you have access to, before being able to decrease the membership option, the Minimum Period must have expired, or we may charge you that amount in lieu of notice.

16 Membership Holds – Direct Debit Agreements only

16.1 Where a Member is a Direct Debit Agreement, the Member may request its membership be placed on hold for a period of up to 4 weeks each calendar year, at no cost (Initial Hold). After the Initial Hold, the Member will be charged a weekly hold fee of $8.00 per week.

16.2 Before a membership hold can be placed, the Member must ensure all Fees are up to date and there are no arrears on the Member’s account.

16.3 During the hold period, access to the Studio is restricted. If You access the Studio at any time during the hold period, your membership will automatically reactivate.

16.4 The hold will automatically come to an end at the end of the agreed hold period.

16.5 Membership holds do not apply to any other Membership options.

17 Privacy Policy

17.1 Your “personal information” (as that term is deﬁned in the Privacy Act 1988 (Cth) will only be used by Social Remedy in accordance with the provisions of Social Remedy’s Privacy Policy. The Privacy Policy can be located at https://www.socialremedy.com.au/privacy-policy

17.2 Marketing Permissions: we sometimes ﬁlm or photograph the Studio so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.

17.3 We will use the contact details you have provided to contact you about your membership. Social Remedy, its staff or other companies, suppliers or contractors we engage to perform services to you at our Studio, may also contact you from time to time both during and after your membership with information about ﬁtness and wellness, promotions, special offers and other materials about Us and related services and products.

17.4 We will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted by mobile, email and/or SMS.

17.5 If you change your mind at any time about receiving marketing materials, please let us know by contacting us at hello@socialremedy.com.au

18 Safety Measures

18.1 Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Studio at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).

19 Variations

19.1 We may vary our Terms from time to time. This includes changing the Studios opening hours, its facilities and services and/or membership fees. Membership fees are not reduced because our Studio is closed for any renovations or repairs or public holidays. The most up to date terms and conditions always apply and can be found on our Website.

19.2 Any variation to the Terms will be published on our Website. We recommend you check our Website regularly to ensure you are aware of our current Terms.

20 Assignment

20.1 Membership to Social Remedy is personal to the Member and is not transferrable without the prior consent of Social Remedy, which may be given or refused in Social Remedy’s absolute discretion.

20.2 We can assign or transfer the beneﬁt of this Agreement to an entity who purchases the business from us. We will give you 30 days’ notice in writing prior to this occurring.

21 Queries

21.1 All queries about the services offered by Social Remedy should be directed to hello@socialremedy.com.au.

21.2 All queries about direct debit billing services should be directed to the Third Party Payment Provider.

21.3 Where a Member elects to pay by way of direct debit, the Member acknowledges that the Third Party Payment Provider has been engaged by Us to collect the Fees. The contractual relationship with the Member and the Third Party Payment Provider is separate to this Agreement

22 Waiver

22.1 Any delay by Social Remedy in enforcing the Terms against any Member is not to be treated as a waiver of that Term, nor does it affect any rights We have.

23. Entire Agreement

23.1 This Agreement together with the Policies referred to embodies the entire agreement between the parties and supersedes any prior agreement or understanding between the parties.

24 Severability

24.1 If any provision of this Agreement is held to be unenforceable, invalid or illegal, the provision will be read down to the extend necessary to avoid that result and if the provision cannot be read down, it will be severed without affecting the validity and enforceability of the remainder of this Agreement.

25 Contacting Social Remedy

25.1 For any questions and notices, please contact us at: Social Remedy Pty Ltd ACN 651 642 527 by email to hello@socialremedy.com.au

26 Governing Law

26.1 This Agreement and the transactions contemplated by this Agreement are governed by the law in force in New South Wales and the parties irrevocably submit to the Courts of New South Wales.

27 Counterparts

27.1 This Agreement may be executed (by email or otherwise) of signed counterparts, which, taken together, shall constitute one and the same Agreement.

Last updated 2 May 2024

Gym & Wellness Space in Byron Bay