1. Club Rules Frenchs Forest
2. Club Rules Bourke Street
3. Flexible Membership Terms

Club Rules - Virgin Active Frenchs Forest

Everyone at Virgin Active Health Clubs must play by the Rules. The Rules aren’t just any old rules – they’re part of your official Virgin Active Membership Contract and have been lovingly prepared by our legal guys.
So please take a moment to get familiar with what they have to say.

Who should play by the Rules?

The Virgin Active team, Virgin Active Members (known as “Members” in your Contract and throughout these Rules) and their Guests (together known as “you”).

Why?

So we can keep ourselves nice and maintain Club standards.
So everyone, especially you, can have a good time at our Clubs.

Playing fair

Unlike some rules, like only having chocolate once a week, our Rules can’t be broken.

If you don’t comply, we may ask you to leave the Club, deny you Club access, or (if it’s really serious) terminate your Membership.

We will of course be fair when applying our Rules (which we’ll do at our discretion). While we’re not here to rain on your parade, we will consistently apply our Rules so that everyone can work out in a safe and comfortable environment.

The odd change

We may change these Rules occasionally. When this happens, we’ll let you know in advance by popping a notice on Club display boards and by updating our website (virginactive.com.au). Please be sure to keep an eye out for any changes.

The business end of things
From the get-go

1. Be kind to yourself. Talk to your doctor before starting a new fitness program or using our Club facilities.
2. All Members and Guests must fill in a Health Check Questionnaire before using Club facilities.

Membership

3. Every time you enter our Clubs please present your Membership Card at Reception.
4. No-one else may use your Card.
5. If your Card is lost or stolen, you’ll need to organise a new one and pay the replacement fee (set out on the current Club price list for your club).
6. If your Membership fees aren’t up to date, or your Membership is frozen, suspended or terminated, Club access will be denied.
7. On termination of Membership please return your Membership Card to your Home Club (and, if you have one, your Wellness Key).
8. If we terminate your Membership, you will no longer be eligible for Membership of any Virgin Active Health Club.

If you bring a friend

9. At our discretion, Adult Members may bring adult Guests to our Clubs by paying the Guest fee set out in the current Club price list.
10. Guests must play by these Club Rules.
11. You must accompany Guests at all times, be responsible for their behaviour and make sure that they play by these Rules. Please don’t leave our Clubs prior to your Guest’s departure.
12. You may not access our Clubs as a Guest if your Membership is frozen.

General club use

13. We’ll post opening and closing times on Club display boards and our website (virginactive.com.au).
14. Don’t bring alcohol or illegal drugs into our Clubs.
15. If you bring in food or drink from outside the Club, please don’t consume it inside our Clubs.
16. You may bring guide dogs into our Clubs.
17. Don’t use the Club facilities while under the influence of alcohol, anticoagulants, antihistamines, beta blockers, narcotics, or tranquillisers.
18. Don’t smoke inside our Clubs.
19. Please leave the Club punctually at closing time.
20. Unless we give the OK, please don’t take photographs or sell any product or service to our Members or Guests.
21. You’ll need to pay for any loss or damage caused by you, your Junior Members or Guests while in the Club.
22. We may provide trial access to our Clubs for potential Members and other folks.

Equipment and on the training floor

23. Use equipment for its intended purpose. Follow the instructions provided. And ask for help if you need it.
24. No food or bags on the training floor.
25. Only drinks in plastic bottles containing water or sports drinks are OK to bring onto the training floor.
26. Please think of other people by replacing weights and equipment after use.
27. A towel must be used on all equipment and while you’re strutting your stuff on the training floor. (And please wipe down equipment after use – no one wants the pleasure of your sweat, no matter how sweet it is.)

Classes

28. Some Group Exercise Classes may need to be pre-booked or may have maximum head-counts. Timetables and instructors may change without notice too. We will post the details on Club display boards.
29. If you’re more than 5 minutes late for a Group Exercise Class you may not be able to join in. (So please arrive a few minutes early.)
30. If an Instructor feels that a class is overcrowded, he or she may limit the number of attendees.
31. Please follow all instructions given by our smiley Class Instructors.

What (not) to wear

32. Suitable exercise gear must be worn at all times in our Clubs. For example, t-shirts/tops (no bare chests thanks fellas) and closed footwear must be worn (unless you’re in the change room, pool or sauna area).
33. If you’re unsure of what to wear, ask a Virgin Active team member.

Lockers, change rooms and your belongings

34. Lockers are available to store your gear while using the Club (if they’re not all full). We can’t guarantee that the use of a locker will stop theft or damage to your stuff from occurring.
35. Lockers may only be used for the usual suspects - like gym kits, toiletries and the clothes you have on when you arrive at our Clubs. Don’t keep anything else in your locker. If we have reasonable grounds for suspecting that a locker is being used for something else, we reserve the right to open it and remove any offending items.
36. Lockers are available for use only while you’re on a Club’s premises. Any gear left in lockers overnight will be removed. (If it’s not collected in 7 days, we’ll donate it to charity).
37. Only one person can be in a shower cubicle at any one time (with the exception of parents or guardians, who may accompany their own children aged up to 6 years).
38. All children up to 15 years must be accompanied by a parent or adult carer when using the change rooms. Children under the age of 6 may enter change rooms of the opposite sex. Children over the age of 6 may only enter change rooms of the same sex.

Parking

39. Parking is only for Members and Guests while using Club facilities.
40. If any vehicle appears to be parked without our OK, we’ll make an announcement to Members. If we don’t get a response, any unclaimed vehicles may be clamped, and a fee charged for their release. The clamping fee will be donated to a charity selected by Virgin Active.
41. We will not be liable for any loss, theft and/or damage to vehicles on Club premises or in any Virgin Active parking area, except where such loss, theft or damage has arisen from our breach of contract.

The pool

42. For health, safety and hygiene reasons you must always have your ears turned on and obey the instructions of our lifeguards. Adults should always wear swimming cossies and babies must wear those cute little aqua nappies.
43. Be aware that lifeguards may not be on duty at all times.
44. Swimming caps are recommended for people with shoulder-length hair or longer.
45. Please always shower before entering the swimming pool.

Sauna, spa and relaxation area

46. For health, safety and hygiene reasons Members and Guests should
    
    • always shower before entering the sauna and relaxation area;
    • sit on a towel when using the sauna;
    • never shave in the sauna;
    • don’t use oils, creams or cosmetic products in the sauna; and
    • don’t attempt to dry clothing in the sauna (it’s a serious fire hazard);
    • the sauna is a dry sauna, please don’t wet the hot coals
47. Sauna-users must be at least 16 years old. Spa users must be at least 16 years old, except for designated family swim days where users under 16 years old are accompanied by an adult.
48. Use the sauna and relaxation area in moderation, and take heed of any relevant medical advice.
49. Pregnant women should avoid using the sauna.

Personal training

50. Only Virgin Active Health Club Fitness Professionals can provide personal training in our clubs. Please don’t bring your own trainer into our Clubs.

Safety

51. Don’t mess around with fire doors or fire exits.
52. Please follow any health and safety notices displayed in our Clubs.
53. In an emergency or when an announcement is made, have your ears turned on and follow the Club staff’s instructions at all times.

Junior members

54. Junior Members must play by these Club Rules.
55. Age restrictions may apply to our Toddler/Junior Membership categories, and to the use of certain areas and activities in the Club, specifically:
    
    • Toddlers are 0 – 2 years old.
    • Juniors are 3 to 15 years old.
    • Youths are 16 to 17 years old.
    • Adults are 18+ years old.
56. Juniors and Toddlers must always be supervised by an adult or a legal guardian.

Last but not least

57. Restricted hours of access apply for 14 – 15 year olds and they must have an Ignition session before they can train.
58. Virgin Active may occasionally take photographs/images of the Club and its facilities (including Members). We’ll try our best to get your OK beforehand (so you can up glam) but this may not always be possible. We reserve the right to use these photographs/images for commercial purposes without payment.
59. Club price lists will change from time to time.
60. We reserve absolute discretion when approving Club Membership applications.
61. Always respect other Club Members, including Juniors, Guests and our staff. Please use the club in a way that doesn’t disturb, detract or impair anyone’s experience.
62. We don’t like anyone being the odd one out so we’re finishing on an even number.

Club Rules - Virgin Active Bourke Street

Everyone at Virgin Active Health Clubs must play by the Rules. The Rules aren’t just any old rules – they’re part of your official Virgin Active Membership Contract and have been lovingly prepared by our legal guys.
So please take a moment to get familiar with what they have to say.

Who should play by the Rules?

The Virgin Active team, Virgin Active Members (known as “Members” in your Contract and throughout these Rules) and their Guests (together known as “you”).

Why?

So we can keep ourselves nice and maintain Club standards.
So everyone, especially you, can have a good time at our Clubs.

Playing fair

Unlike some rules, like only having chocolate once a week, our Rules can’t be broken.

If you don’t comply, we may ask you to leave the Club, deny you Club access, or (if it’s really serious) terminate your Membership.

We will of course be fair when applying our Rules (which we’ll do at our discretion). While we’re not here to rain on your parade, we will consistently apply our Rules so that everyone can work out in a safe and comfortable environment.

The odd change

We may change these Rules occasionally. When this happens, we’ll let you know in advance by popping a notice on Club display boards and by updating our website (virginactive.com.au). Please be sure to keep an eye out for any changes.

The business end of things
From the get-go

1. Be kind to yourself. Talk to your doctor before starting a new fitness program or using our Club facilities.
2. All Members and Guests must fill in a Health Check Questionnaire before using Club facilities.

Membership

3. Every time you enter our Clubs please present your Membership Card at Reception.
4. No-one else may use your Card.
5. If your Card is lost or stolen, you’ll need to organise a new one and pay the replacement fee (set out on the current Club price list for your club).
6. If your Membership fees aren’t up to date, or your Membership is frozen, suspended or terminated, Club access will be denied.
7. On termination of Membership please return your Membership Card to your Home Club (and, if you have one, your Wellness Key).
8. If we terminate your Membership, you will no longer be eligible for Membership of any Virgin Active Health Club.

If you bring a friend

9. At our discretion, Adult Members may bring adult Guests to our Clubs by paying the Guest fee set out in the current Club price list.
10. Guests must play by these Club Rules.
11. You must accompany Guests at all times, be responsible for their behaviour and make sure that they play by these Rules. Please don’t leave our Clubs prior to your Guest’s departure.
12. You may not access our Clubs as a Guest if your Membership is frozen.

General club use

13. We’ll post opening and closing times on Club display boards and our website (virginactive.com.au).
14. Don’t bring alcohol or illegal drugs into our Clubs.
15. If you bring in food or drink from outside the Club, please don’t consume it inside our Clubs.
16. You may bring guide dogs into our Clubs.
17. Don’t use the Club facilities while under the influence of alcohol, anticoagulants, antihistamines, beta blockers, narcotics, or tranquillisers.
18. Don’t smoke inside our Clubs.
19. Please leave the Club punctually at closing time.
20. Unless we give the OK, please don’t take photographs or sell any product or service to our Members or Guests.
21. You’ll need to pay for any loss or damage caused by you, your Junior Members or Guests while in the Club.
22. We may provide trial access to our Clubs for potential Members and other folks.

Equipment and on the training floor

23. Use equipment for its intended purpose. Follow the instructions provided. And ask for help if you need it.
24. No food or bags on the training floor.
25. Only drinks in plastic bottles containing water or sports drinks are OK to bring onto the training floor.
26. Please think of other people by replacing weights and equipment after use.
27. A towel must be used on all equipment and while you’re strutting your stuff on the training floor. (And please wipe down equipment after use – no one wants the pleasure of your sweat, no matter how sweet it is.)

Classes

28. Some Group Exercise Classes may need to be pre-booked or may have maximum head-counts. Timetables and instructors may change without notice too. We will post the details on Club display boards.
29. If you’re more than 5 minutes late for a Group Exercise Class you may not be able to join in. (So please arrive a few minutes early.)
30. If an Instructor feels that a class is overcrowded, he or she may limit the number of attendees.
31. Please follow all instructions given by our smiley Class Instructors.

What (not) to wear

32. Suitable exercise gear must be worn at all times in our Clubs. For example, t-shirts/tops (no bare chests thanks fellas) and closed footwear must be worn (unless you’re in the change room, pool or sauna area).
33. If you’re unsure of what to wear, ask a Virgin Active team member.

Lockers, change rooms and your belongings

34. Lockers are available to store your gear while using the Club (if they’re not all full). We can’t guarantee that the use of a locker will stop theft or damage to your stuff from occurring.
35. Lockers may only be used for the usual suspects - like gym kits, toiletries and the clothes you have on when you arrive at our Clubs. Don’t keep anything else in your locker. If we have reasonable grounds for suspecting that a locker is being used for something else, we reserve the right to open it and remove any offending items.
36. Lockers are available for use only while you’re on a Club’s premises. Any gear left in lockers overnight will be removed. (If it’s not collected in 7 days, we’ll donate it to charity).
37. Only one person can be in a shower cubicle at any one time.

The pool

38. For health, safety and hygiene reasons you must always have your ears turned on and obey the instructions of our lifeguards. Adults should always wear swimming cossie and babies must wear those cute little aqua nappies.
39. Be aware that lifeguards may not be on duty at all times.
40. Swimming caps are recommended for people with shoulder-length hair or longer.
41. Please always shower before entering the swimming pool.

Sauna, spa and relaxation area

42. For health, safety and hygiene reasons Members and Guests should
    
    • always shower before entering the sauna and relaxation area;
    • sit on a towel when using the sauna;
    • never shave in the sauna;
    • don’t use oils, creams or cosmetic products in the sauna; and
    • don’t attempt to dry clothing in the sauna (it’s a serious fire hazard);
    • the sauna is a dry sauna, please don’t wet the hot coals
43. Use the sauna and relaxation area in moderation, and take heed of any relevant medical advice.
44. Pregnant women should avoid using the sauna.

Personal training

45. Only Virgin Active Health Club Fitness Professionals can provide personal training in our clubs. Please don’t bring your own trainer into our Clubs.

Safety

46. Don’t mess around with fire doors or fire exits.
47. Please follow any health and safety notices displayed in our Clubs.
48. In an emergency or when an announcement is made, have your ears turned on and follow the Club staff’s instructions at all times.

Last but not least

49. Virgin Active may occasionally take photographs/images of the Club and its facilities (including Members). We’ll try our best to get your OK beforehand (so you can up glam) but this may not always be possible. We reserve the right to use these photographs/images for commercial purposes without payment
50. Club price lists will change from time to time.
51. We reserve absolute discretion when approving Club Membership applications.
52. Always respect other Club Members, including Juniors, Guests and our staff. Please use the club in a way that doesn’t disturb, detract or impair anyone’s experience.

FLEXIBLE MEMBERSHIP TERMS

YOUR MEMBERSHIP AGREEMENT IS AN ONGOING AGREEMENT WITH A MINIMUM INITIAL COMMITMENT PERIOD OF AT LEAST FOUR WEEKS. IT AUTOMATICALLY RENEWS FOR FURTHER TWO WEEK COMMITMENT PERIODS UNLESS TERMINATED UNDER PARAGRAPH 8.

1. The Agreement between you and us

These Terms, together with the Club Rules and the following completed documents:

1. your Membership Application Form;
2. your Payment Authority Form; and
3. your Health Check Questionnaire;

make up all of the terms of a Membership Agreement (“Agreement”) between, the member(s) named above (“you”), and Virgin Active Australia Pty Limited (ABN 68 126 741 133(“us”)). It is important that you have read and understood all of the terms and conditions of the Agreement before signing these Terms. If you have any questions please ask us.

2. Your type of Membership, your Home Club and other Clubs

You are becoming a member of Virgin Active under the Membership Type and at the club stated in your Membership Application Form (“Home Club”).

Your membership entitles you to use the facilities available at your Home Club.

“Club” means any Virgin Active Club in operation by us or any other member of the Virgin group from time to time. You may use the facilities of any other Club in Australia and you will have limited rights to use Clubs in other countries in which we operate in accordance with our Reciprocal Rights Policy. This benefit is not available to members on discounted memberships such as student and seniors memberships.

3. When will your membership start?

Your membership will start on the Membership Start Date (“Membership Start Date”) set out on your Membership Application Form, provided that:

1. you have signed these Terms, your Membership Application Form, and your Payment Authority Form;
2. you have completed a Health Check Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and
3. we have received your Total Upfront Payment as set out in your Membership Application Form.

4. How long will your membership last?
4.1 Commitment Periods

Your Commitment Periods include both an Initial Commitment Period and Ongoing Commitment Periods. You are committed to a minimum initial period of membership (“Initial Commitment Period”) such that:

1. if your Membership Start Date is the first day of a fortnightly billing period, the period of four weeks from your Membership Start Date; or
2. if your Membership Start Date is on any other day than the first day of a fortnightly billing period, the period including the rest of that fortnightly billing period plus four weeks from the first day of the next fortnightly billing period.

Your membership will automatically renew for further two week Commitment Periods (“Ongoing Commitment Periods”) unless your membership is

terminated in accordance with paragraph 8. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.

For example, assuming a fortnightly billing period starts on 9 March 2009, the Initial Commitment Period for a member whose Membership Start Date is 5 March 2009 will begin on 5 March 2009 and will end on 5 April 2009. Their first Ongoing Commitment Period would then run from 6 April 2009 until 19 April 2009.

4.2 Can you suspend or “freeze” your membership?

If you wish to suspend or “freeze” your membership you may notify us of your request in writing or by completing a Change of Circumstances Request Form. You will also have to pay the non-refundable Freeze Fee set out in your Home Club price list current at the time you freeze your membership.

Your membership may be frozen for two or more consecutive whole fortnightly billing periods (i.e. a minimum of 4 weeks) but cannot be frozen for only a part of any fortnightly billing period. You can notify us at any time that you would like to freeze your membership but your Home Club must receive your notice at least 3 days (by close of business Sunday) prior to the start of the first fortnightly billing period you wish to freeze. You will not be able to use the Club while your membership is frozen.

If you freeze your membership during the Initial Commitment Period, the period during which your membership is frozen will not be included in calculating your Initial Commitment Period. In other words, a freeze of your membership will also freeze the calculation of your Initial Commitment Period and will resume upon expiration of the frozen membership period.

4.3 What happens if you change your mind?

You may notify us in writing that you wish to cancel your membership within 7 days starting on the date that you sign these Terms (“Cooling Off Period”). If you do so, we will refund your Total Upfront Payment and any Membership Dues which you have paid to us after you return your Membership Card, TGS Key, gifts and any other documentation which we have provided to you upon joining. If you have used your membership during the Cooling Off Period, we will refund those amounts set out above, less the applicable visitor fee for each visit and a reasonable administration charge.

5. Membership dues and fees
5.1 Activation Fee

Other than as stated in paragraph 4.3 the Activation Fee stated in your Membership Application Form is non-refundable and is payable by you when you sign these Terms. If your membership is terminated for any reason and you subsequently wish to rejoin any Club you will need to pay the Activation Fee and Membership Fees applicable to that Club at that time.

5.2 Membership Dues

As a Virgin Active member you are personally responsible for payment to us of the Membership Dues and any other ongoing payments set out in your Membership Application Form as they fall due. Your Membership Dues are due for the whole of each Commitment Period even if your membership is terminated during the Period (unless you have terminated under paragraph 8.2).

If your Initial Commitment Period includes a partial fortnightly billing period as provided for in paragraph 4.1(b) above, your Membership Dues for that period will be calculated on a proportional basis according to the number of days remaining in that fortnightly billing period. Membership Dues vary depending on your type of membership and also vary from Club to Club. You must pay the Membership Dues applicable to your Home Club at the relevant time.

You may only pay your Membership Dues in advance by direct debit or periodic credit card authority under your Payment Authority Form. No other form of payment will be accepted. You will not be allowed to access the Club if your Membership Dues remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your Payment Authority Form. If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us in accordance with the dispute procedure set out in the Payment Authority Form.

5.3 Changes to Membership Dues

We review our Membership Dues periodically and may change them from time to time. We will give you at least 14 days notice prior to any proposed change in Membership Dues by emailing or writing to you at the contact addresses we have on our records. If you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with paragraph 8.1. If you do not terminate your membership you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly.

We may need to adjust the availability of certain facilities at your Home Club on a temporary basis including for the purposes of cleaning, refurbishments, repairs, upgrades, maintenance, special functions and holidays.

5.4 Other membership fees and charges

Any fees or charges that may be payable for additional services and facilities, such as Freeze Fees, Guest Fees, Replacement Membership Card Fees, and ToddLZ Fees, will be set out in the relevant Home Club price list (as may be amended by us from time to time) available at the Reception of your Home Club.

6. Can you transfer your membership to another person?

No, you may not transfer your membership to another person. Your membership is personal to you.

7. Membership type

Membership types vary from club to club.

7.1 Can you change your Membership Type or Home Club?

Yes, you may change your membership to another Membership Type or change your Home Club to another Australian Club provided you complete and provide to your Home Club a Change of Circumstances Request Form and pay the relevant Transfer Fee and Membership Dues applicable to the new Membership Type and/or Home Club as current at the time of your request.

Certain Membership Types may not be available at every Club. Your Home Club must receive notice of any change to your Membership Type or Home Club at least 3 days prior to the start of the fortnightly billing period from which you want the change to be effective. Student membership rates are only available to full time students. If your student status changes you must notify us immediately.

7.2 Certain membership types may have restricted access times, refer to the price list to see which of these apply

8. How can your membership be terminated?
8.1 Termination by you

You may give us notice to terminate your membership at any time by completing a Change of Circumstances Request Form or otherwise providing written notice to your Home Club (either of which constitutes a valid “Notice of Termination”) which we must receive at least 3 days (by close of business Sunday) prior to the date you wish to stop the RENEWAL of your Ongoing Commitment Periods.

8.2 Early termination by you

You may terminate your membership immediately upon giving us a Notice of Termination within 14 days of any of the following occurring:

1. if we increase your Membership Dues other than in accordance with paragraph 5.3;
2. if we change the physical location of your Home Club;
3. if we close the whole of your Home Club for any reason for a period of 30 consecutive days or longer;
4. if we make changes to these Terms or the Club Rules under paragraph 10 that materially reduce the benefits of your membership; or
5. if we breach any terms of this Agreement and fail to rectify that breach within 14 days of you giving us notice to do so.

8.3 Termination by us:

We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records if:

1. you commit a serious or repeated breach of these Terms or the Club Rules;
2. you otherwise breach these Terms or the Club Rules and the breach, if capable of remedy, is not remedied within 14 days of us giving you notice to do so and informing you that your membership will be terminated if you fail to do so;
3. any part of your Membership Dues remains unpaid 28 days after falling due; or
4. you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership.

If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current Commitment Period.

8.4 Collection of fees

We will collect any Membership Dues and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

9. What are the Club Rules?

The Club Rules govern your use of a Club. In becoming a member you agree to comply with the Club Rules which are binding rules that apply to all members, guests and visitors. You are also responsible for the conduct of your guests and visitors while they are using the Club. Up-to-date Club Rules will be published at virginactive.com.au and displayed in each Club.

10. Changes to these Terms or the Club Rules

We reserve the right to make reasonable amendments to these Terms or the Club Rules at any time. We will give you at least 14 days notice of any changes by emailing or writing to you to tell you that changes are being made and that you may see the amended Terms or Club Rules at our website or at the Club displaying the amended Terms or Club Rules in the Club. If any amendment to these Terms or the Club Rules materially reduces the benefits of your membership you have the right to terminate your membership under paragraph 8.2

11. How you should contact us?

Any written notice or completed form provided to your Home Club must be sent by post, fax or email, or given in person at Reception. Full contact details are available at your Home Club’s Reception

12. Risk and your health

Exercising and using Club facilities may involve the risk of injury and you exercise and use the Club facilities at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a staff member.

13. Liability
13.1 Recreational Activities

In the course of exercising or engaging in any Recreational Activities while using any Club facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence. In this paragraph:

• gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission; and
• recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.

Please refer to the warning notice in paragraph 13.2 below which we are required to provide to you if you are in Victoria under the Fair Trading Act 1999 (Victoria) in relation to this limitation on our liability.

13.2 WARNING UNDER THE FAIR TRADING ACT 1999)

Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that the supplier named on this form is required to ensure that the recreational services it supplies to you are:

• rendered with due care and skill; and
• as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
• reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

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” is defined in the Fair Trading (Recreational Services) Regulations 2004.

13.3 Liability for supply of other services

Without limitation to paragraphs 13.1 and 13.2 and any other terms which are implied into this agreement by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limiting paragraphs 13.1 and 13.2, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

14. Other bits

You must keep us up to date with your contact details by completing a Change of Circumstances Form and giving it to your Home Club if your contact details change. In the event that we do not receive a Change of Circumstances Form from you and your contact details change, notice given by us to the email or other address we have on our records for you will constitute valid notice to you under these Terms.

We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us you may terminate your membership upon giving Notice of Termination under paragraph 8.2.

All undefined terms used in this document have the meaning set out in the Membership Application form.

15. Your personal data

We take the privacy of our members seriously and our Privacy Policy (available at virginactive.com.au) explains the ways in which we use and protect your personal information.

We will collect personal information from you that may relate to your physical health or condition, including through your Membership Application Form, a Change of Circumstances Form and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information please contact your Home Club.