This page sets out the Terms and Conditions of Dockvest Pty Ltd ACN 009 569 911 ( trading as Zap Fitness 24/7) and its related companies (collectively, Zap).

Welcome to Zap! To assist us in providing the best fitness experience possible please ensure you read our terms and conditions. We advise you to only sign this membership agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

1. Definitions

(a) Access FOB means your membership card allowing you to enter the Club.

(b) Access FOB Fee means the Access FOB Fee specified in the Agreement.

(c) Agreement means this membership agreement made between you and Zap incorporating the documents referred to in clause 2(b).

(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.

(e) Club means the Zap gym as specified in your Membership Agreement or any such Club that you use.

(f) Club Access FOB means the Access FOB Fee specified in the Agreement.

(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.

(h) DD Membership means a weekly membership, with recurring fortnightly direct debit payments.

(i) DD Membership Fee means the fortnightly fee payable for the DD Membership.

(j) Dishonour Fee means a $10.00 fee.

(k) Questionnaire means the pre-workout questionnaire that the member is required to complete prior to using the Club.

(l) Zap means Dockvest Pty Ltd CAN 009 569 911 and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

(m) Member means an individual who has entered into this Agreement with Zap.

(n) Membership Agreement means the form provided to you by Zap requiring you to provide the relevant details to Zap (e.g. name, address, payment card details) relating to your membership.

(o) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.

(p) Minor means members under the age of 16 and under the age of 18.

(q) Paid In Full (PIF) Membership means Members that have paid in advance according to the level of PIF membership as specified in this Agreement.

(r) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.

(s) Payment Provider means the payment provider specified from time to time by Zap, which is currently Dockvest Pty Ltd unless Zap otherwise specifies.

(t) Payment Provider’s Direct Debit Request Service Agreement means the Payment Provider’s service agreement provided to you by Zap.

(u) Policies means the Zap membership policies as amended from time to time, which are located at www.zapfitness.com.au and available at your Club on request.

(v) Privacy Policy means the Zap privacy policy which is available at www.Zap.com.au or by emailing [email protected]

(w) Products means any products that are purchased pursuant to Zap sale of goods terms and conditions.

(x) Staffed Hours means the hours for the Club, which are located at the entrance to the Club or at www.zapfitness.com.au. Zap reserves the right to change the Staffed Hours at any time without notice.

(y) Written Notice means a notice in writing, given in person, by email or post to the parties’ last known address.

2. Terms and Conditions

(a) Your membership is governed by this Agreement.

(b) This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

(c) Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Zap.

(d) Zap reserves the right, in its sole discretion, to amend this Agreement.

(e) Zap holds, so far as a provision of this Agreement is for the benefit of a third-party, that provision on trust for the relevant third-party.

3. Membership

(a) Nature of Membership Your membership permits you to use Zap’ premises, facilities, equipment and services. Your membership is non-transferable

(b) Change to Details You must provide Zap with any changes to your details, which are relevant to your membership in writing.

(c) All Club Privileges Subject to clause 18, your membership entitles you to utilise “Zap” branded clubs, as listed on the website subject to any exclusions noted in a promotion offer.

(d) Your membership gives you automatic access after 24 hours of joining any Zap gym listed.

(e) Access to one gym only may be limited for a period depending on whether you joined on a promotion.

4.Payments

(a) You agree to pay all Membership Fees as set out in this Agreement and agree to be bound by the direct debit terms and conditions as described in the Payment Agreement and the Payment Provider’s Direct Debit Request Service Agreement.

(b) For a DD Membership you must make your payments on a weekly or fortnightly basis in advance.

(c) For a PIF membership, you must pay your membership in advance as indicated by Zap to you.

(d) Memberships can be suspended for up to 6 weeks per calendar year for the cost of $5 per week

(e) You must provide to Zap, in the form requested by Zap, a Payment Agreement authorising Zap’ Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(f) Zap will endeavor to contact you by phone, sms or email to inform you of any overdue payments. In the event that Zap cannot contact you, it will provide you with Written Notice of overdue payments.

(g) A Member will be charged a Dishonour Fee in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

(h) A Member will be charged a $30.00 fee if their Access FOB is damaged or lost and requires replacement.

(i) Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.

(j) If there are repeated failures to meet your payment obligations (other than through the fault of Zap or its Payment Provider), without prejudicing Zap’ rights to recover any overdue payments, your membership may be suspended or terminated by Written Notice to you.

(k) You acknowledge and agree that Zap may change its Payment Provider and that Zap and/

(l) or the current Payment Provider may, in their sole discretion, assign or novate all existing Payment Agreements to a new payment provider. In the event that Zap or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Zap or

(m) the current Payment Provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this Agreement and Zap’ Privacy Policy.

(n) Zap reserves the right, at any time, to change the Membership Fees charged to Members for use of the Club facilities subject to any lifetime guarantee on membership price agreed to at the time of entering into the Membership Agreement. Zap agrees to use reasonable endeavours to provide you with Written Notice of the changes. The changes will take effect 30 days after the Written Notice has deemed to be received by you. We deem receipt to have occurred 2 business days after the Written Notice was sent. At the end of the 30-day period, you authorise Zap and/or the Payment Provider to debit the new amount to your account.

5. Minimum Age

(a) All Members of Zap must be a minimum of 16 years of age. All Minors must have a parent or legal guardian agrees to the terms of this Agreement. All Minors together with parent or legal guardian must attend the Club to obtain a membership .

(b) Minors aged 16-17 years of age must comply with the restrictions outlined in the Membership Age Policy available at the Club or on www.zapfitness.com.au

6. Access FOB by Non-Members

(a) Zap only grants Members, unless otherwise specified in this Agreement, Access FOB to the Club. No Member is permitted to bring a non-Member into the Club.

(b) If a Member breaches clause 6 (a) of this Agreement, the Member acknowledges that:

(i) they accept responsibility and liability on their personal behalf for any injury, loss or damage attributed to the non-Member whether or not caused through the negligence of Zap;

(ii) the act of bringing a non-Member into the Club constitutes automatic acceptance by the Member of a new membership for the non-Member. The Access FOB Fee, in addition to the DD Membership Fee, will be charged to the Member in the following ways: (1) for a Member who holds a DD Membership, this amount will be deducted from their nominated bank account; and (2) for a Member who holds a PIF Membership, the Member will receive an invoice for this amount;

(iii) payment of the amount in accordance with the clause above will entitle the non-Member to use the Club for one fortnight;

(iv) in order for the non-Member to take advantage of the new membership, they will need to attend the relevant Club and comply with all of the obligations that all new Members are required to comply with pursuant to this Agreement; and

(v) Zap reserves the right to terminate without notice the membership of the Member who brings a non-Member into the Club.

7. Orientation

(a) It is a condition of this Agreement that you participate in a scheduled Member orientation program.

(b) The orientation focuses on various aspects of the Club including, but not limited to, Club layout, amenities and entry and exit areas.

(c) Zap may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

(d) You acknowledge and agree that “Zap” branded clubs may have different equipment and/or a different layout. You acknowledge and represent to Zap that you will seek assistance from Zap personnel before using equipment that is unfamiliar to you.

8. Physical Condition

(a) It is your responsibility not to use any equipment which may adversely affect any medical condition.

(b) You hereby represent to your Club and Zap and their directors, officers, employees, contractors and agents that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be affected or aggravated by, or which may result in any sickness, injury or death to you as a result of your use of the Club or its facilities.

(c) If you have any health or medical concerns now or after you join as a Member of the Club, you must discuss them with your doctor before using the equipment or the Club. \

(d) You acknowledge that Zap did not give you any medical advice before you used the equipment, and cannot give you any medical advice after you use the equipment.

9.Personal Trainers

(a) Contractors and tenants provide some service in Clubs such as personal training, physiotherapy and massage

(b) You will need to pay service fees directly to them and we are not responsible for those fees or for any associated costs of refunds. Any service they provide is a contract between them and you and we cannot accept any responsibility for a breach of contractor or negligence.

(c) If you make a claim because of something a contractor or tenant has or has not done you claim should be brought against the provider, not Zap.

(d) You release Zap from any claim resulting from any act or omission by a contractor or tenant.

10.Pre-Workout Questionnaire

(a) It is a condition of membership with Zap that each Member, prior to using the Club, has to complete the Pre-Workout Questionnaire.

(b) You will not be permitted to use the Club until you have completed the Pre-Workout Questionnaire.

(c) Zap reserves the right to restrict, suspend or terminate your membership if Zap is of the reasonable opinion that you are unfit to utilise the Club on a 24/7 basis. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide Zap with a medical certificate confirming that you are fit to train.

11.Video and Audio Surveillance

(a) For security purposes, Zap uses video and audio surveillance equipment to monitor the Club on a 24-hour basis.

(b) By accepting this Agreement, you acknowledge that by using any “Zap” branded club you will be subject to video and audio surveillance and recording.

(c) Video and audio surveillance is limited to the floor area only, and is not within the walls of the bathrooms or assessment rooms.

12.Equipment

(a) You understand and acknowledge that Zap purchases or leases the equipment from a third party and therefore does not manufacture any of the fitness or other equipment used in the Club.

(b) You understand and acknowledge that Zap is providing recreational services and may not be held liable for defective products or equipment.

13.Liability for Property

(a) Zap is not liable to you for any personal property that is damaged, lost, or stolen while on or around the Club including, but not limited to, a vehicle or its contents or any property left in the Club.

(b) If you cause damage to the Club or any equipment you are liable to Zap for its cost of repair or replacement.

14.Release and Indemnity

(a) Zap is entitled to ask you to agree to exclude, restrict or modify its liability for death or personal injury suffered by you on Club premises, or from the use of our facilities or equipment.

(b) If you accept this Agreement, you agree to restrict the liability of Zap if you are killed or injured, with the result that compensation may not be payable if you or a third party suffers death or personal injury.

(c) Zap may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by accepting this Agreement. Even if you accept this Agreement, you may still have further legal rights against Zap.

(d) A parent or legal guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.

15. ANNEXURE A – STATE SPECIFIC CLAUSES

SOUTH AUSTRALIA

The following definitions and terms apply to South Australian Memberships only. If Periodic Agreement: the membership will continue until terminated by you or by Zap Fitness. If Fixed Term Agreement: the membership is for a fixed term only and if further membership periods are required a new agreement will be required. Supply Period: the supply period for supply of goods and services is a minimum of 2 weeks. Please cancel any direct debit authorisation for payments under this agreement for: Periodic Agreement: upon termination of the agreement; or Fixed Term Agreement: either at the end of the fixed term or on earlier termination.

Release and Indemnity (Victoria)

(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

(i) are rendered with due care and skill; and

(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

(iii) might reasonably be expected to achieve any result you have made known to the supplier.

(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you accept this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

(c) You accept that your use of the facilities provided by Zap or at any “Zap” branded club is at your own risk and you acknowledge that the use of the facilities may involve risk or injury, whether caused by you or another party. By accepting this agreement, you agree that Zap will not be liable for any personal injury suffered on club premises, or from using our facilities or equipment. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

16. Cooling Off Period

(a) All new memberships are subject to a cooling off period of 10 business days.

(b) A request for termination of membership during the cooling off period must be made by Written Notice unless this Agreement is defined as an unsolicited consumer agreement under the Australian Consumer Law, in which case termination may be written or oral.

(c) For any membership terminated validly during the cooling off period, Zap will refund to you the total of all Membership Fees.

17. Suspending payments and memberships.

Suspension of payments may be possible under the terms of your Membership Agreement. Payments may be suspended for a minimum of 2 weeks at a time so long as the total time suspended within 12 months of membership commencement does not exceed 6 weeks.In order to suspend payments you should contact DebitSuccess at least 3 days prior to the date of the first suspended payment. There is a charge of $5.00 per week while the Membership Agreement is suspended unless a different fee is specified on the front of this Contract. Any time spent on suspension will be added onto the Minimum Term of the Membership Agreement so that the sum of the instalments payable for the Minimum Term or number of payments shall still be payable regardless of any suspension or suspension charges made.

18.Your Right to Terminate Your Membership

CANCELLATION / TERMINATION

A cancellation request should be provided to your club as follows: During Cooling Off Period: Your membership is subject to a 10 day cooling off period.

The cooling off period applies to new memberships only and does not apply to membership renewals. The cooling off period starts from the date the agreement is entered into (the date the agreement is signed) and ends at the close of business 10 days later. Your membership can be cancelled during the cooling off period by contacting your home club via the club contact details as listed on the website. All monies paid will be refunded with the exception of the start up fee will be payable by the member if your Zap FOB or any other merchandise you received on joining are not returned. Zap may require an additional payment to recover costs in relation to any fitness services provided to the member within this period.

Permanent Sickness or Physical Incapacity: Zap requires a medical certificate stating that you cannot utilise any fitness services or facilities because of your permanent illness or physical incapacity. Zap may agree to cancel the membership upon payment of a cancellation fee of 10% of the minimum membership fee or $75.00 (whichever is less).

Cancellation for any other reason (within minimum term): You may terminate your membership agreement before the expiry of the minimum term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at the time of cancellation request.

12 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $245 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.

18 month membership The cancellation fee, if more than 6 months remaining on the minimum term of the Agreement, is $280 and, if there is less than 6 months remaining on the minimum term of the Agreement, is $195.

Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request.

Cancellations after completion of Minimum Term: Zap requires you to contact our Customer Care Team on 1300 927 348 or email [email protected] on the website advising of your cancellation request. There will be a period of notice of 30 days (or in SA – the specified supply period), unless otherwise specified, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full. The notice period will exclude suspension or payment break time applied to your membership. Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Zap and/or DebitSuccess. You shall not consider that your membership agreement has been terminated until such time as this is confirmed in writing to you by DebitSuccess (not more than 14 days after the termination date). Termination of your membership agreement will also terminate the Direct Debit Request Authority.

Membership Transfers Memberships are transferable to non members. A transfer fee of $69 is payable.

Ongoing Membership Agreements After the expiry of the minimum term payments and after all instalments and fees due have been paid in full, should the box on the front of this Agreement requesting termination at minimum term be marked then this Agreement shall automatically terminate.

Should the box on the front of this Agreement requesting termination after the minimum term not be marked, then this Agreement shall continue indefinitely until such time as the Member makes a request, after the expiry of the minimum term for it to terminate. Refer to notice period in section 12.(d).

Termination by Zap Fitness

18. Zap’s Right to Restrict or Terminate Your Membership

a) Zap may restrict your membership (including by limiting Access FOB to other “Zap” branded clubs and for limiting Access FOB to Staffed Hours) at any time on the following basis: i. concern for the health and/or safety of the Member; or ii. non-compliance, improper or harmful conduct engaged in by the Member.

(b) Zap may terminate your membership at any time on the following basis:

i. you fail to make any payments of your Membership Fees;

ii. Zap reasonably suspects that you are engaging in illegal activity in the Club;

iii. you fail to follow any of the Policies or Club Rules, or violate any part of this Agreement; or iv. your conduct is improper or harmful to the best interest of Zap Members.

(c) In the event that Zap terminates your membership in accordance with clause 18(b), termination will be effective on the date that Zap sends Written Notice. You are liable for all financial obligations until that date. If you are a PIF Member, Zap will not refund any unused portion of your fees.

(d) Upon termination of your membership by Zap, your Access FOB to the Club will be deactivated, and Zap has the discretion to deny your Access FOB to any” Zap” branded club. Any money owing to Zap when your membership ends, remains immediately due and payable and Zap will deduct the amount outstanding from any refund which you may be eligible. If there is not enough money to cover the amount owing to Zap, you must pay the balance of the amount owing.

(e) Upon termination of your membership by your election, you may continue to use the Club for any period that you have paid in advance. Although you will cease to have Access FOB to the Club once any period you have paid in advance expires you get possession of your Access FOB.

(f) Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration

19.Termination and Unauthorised Cessation of Direct Debit

(a) If you terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then you may be liable to Zap for any unpaid fees, or fees incurred by Zap

20.Assignment

Zap may assign or novate its rights under this Agreement at any time without prior consent or notice.

21.Risk Warning

(a) Zap warns that whilst you are on our premises using our Club and recreational services, you are at risk of suffering physical harm or personal injury including broken bones, soft tissue injuries, joint injuries, permanent disability or death. These injuries may occur from you:

i. slipping on wet flooring;

ii. being struck by weights;

iii. colliding with equipment, or other Members;

iv. engaging in strenuous exercise and activities; or v. incorrect use of equipment or Club,

b) You acknowledge that any such injury may result not only from your actions but from the action, omission or negligence of others.

c) You acknowledge and agree that the above mentioned injuries and potential causes of injuries are not exhaustive, and there are other unknown or anticipated risks that may result in injury, illness or death.

d) You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Zap are safe, there are some significant and inherent risks involved, and you agree that you are participating voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks.