1. The Agreement
   This Agreement comes in three parts;
   a. Terms and Conditions
   b. Waivers and
   c. Health Screening questionnaire
   
   Combines these make up the terms and conditions of the Membership Agreement ("Agreement") between the member, ("You") and LLAMAA PTY LTD, ABN 24 253 435 875 ("Us")

   It is important that you have read and understand all of the terms of the agreement before signing. If you have any questions please do not hesitate to ask.

2. Your type of Membership at Synchronistic Health & Wellbeing
   You are becoming a member of Synchronistic. Your membership entitles you to use the facilities available at Elements Health & Fitness as indicated on the Synchronistic Timetable. "Exercise Facility" means Elements Health & Fitness in Operation by Us. Your membership type is via direct debit payments every week.

3. When will your membership start?
   Your membership will start upon signing of this agreement, provided that you have:
   a) signed Membership Terms
   b) signed Membership Waiver and
   c) completed an Initial Assessments with one of the Synchronistic Practitioners

4. How long will your membership last?
   
   4.1 Billing Periods
   For direct debit memberships, our billing periods are paid every week in advance beginning on your start date (in clause 3) and will continue to roll over every week until you complete the cancellation form from reception, providing a minimum of 2 weeks notice.
   
   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. Your membership may be frozen for a maximum of 12 weeks per year. You can notify us at any time that you would like to freeze your membership, but we must receive your notice at least 3 days prior to the start of the first weekly period you wish to freeze. You will not be able to use our facilities while your membership is frozen.
   
   4.3 What happens if you change your mind?
   You may notify us in writing or in person at the Clinic 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, a refund of any Membership Fees will be provided upon the return of any/all other documentation that 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 Casual Fee for each visit, and any fees relating to personal training or other clinic services you have received as included in your membership.

5. Membership Fees and Charges
   As a Synchronistic member you are personally responsible for payment to us of the Membership Fees and any other ongoing payments set out in your Membership as they fall due.
   Your Membership Fees are due for the whole of each billing period even if your membership is terminated during that billing period (unless you have terminated under paragraph 7). If your first membership period includes a partial billing period, your Membership Fees for that period will be calculated on a proportional basis according to the number of days remaining in that billing period.

6. We may need to adjust the availability of certain facilities at the Facility of a temporary basis including for the purposes of cleaning, improvement work, repairs, upgrades, maintenance, special functions and holidays. If the Facility is not available for more than 7 days in a row, you can ask us for a credit against your Membership Fees for the period that the Facility is not available.

7. How can your membership be terminated?

   7.1 Termination by you after the Minimum Initial Commitment Period
   After the Minimum Initial Commitment Period, this agreement will continue until terminated by you. Payments will continue until notified by you. You may cancel your membership after the Minimum Initial Commitment Period by completing the cancellation form at reception and you must give us 14 days to terminate your membership. We could his period from the date of your request; this means that your final debit may be a pro rata amount. We will advise you of your final debit amount that is due to us and this is required to be paid prior to your membership terminating.
   
   7.2 Reasons for ending your membership early
   You may terminate your membership immediately by completing a cancellation form at reception within 14 days of any of the following occurring;
   a. We increase your Membership Fees other than in accordance with paragraph 5.2
   b. Payment of a cancellation fee of $49
   c. We change the physical location of the Facility in more than a 10km radius
   d. We close the whole of the Facility for any reason for a period of 30 days in a row or longer, this does not include a forced closure by government or local authorities.
   e. We make changes to these Terms, Agreements or the Facility Rules under program 9 that significantly reduces the benefits of your membership
   f. We breach any terms of this Agreement and fail to rectify that breach within 14 days of you giving us notice in writing to do so
   
   7.3 Termination by Us:
   We may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records:
   a. if you commit a serious or repeated breach of these Terms or the Facility rules
   b. if you otherwise breach these Terms or the Facility 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
   c. if any part of your membership fees remains unpaid 28 days after falling due
   d. if 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 then will immediately attempt to collect the full amount of Membership Fees for the remainder of the then current billing period and any arrears.
   
   7.4 Collection of fees
   We will collect any Membership Fees and fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees.

8. What are the Facility Rules
   Synchronistic provides supervised prescriptive exercise programs. We will discuss and prescribe a suitable program to suit your specific needs and goals.
   
   Synchronistic is committed to providing excellence in the provision of exercise prescription and reserves the right to change operating hours, type and quantity of equipment, the type and frequency of its classes, and fees, from time to time at its sole discretion.

9. Dress and Conduct
   All members should dress appropriately This includes the wearing of appropriate gym wear, shoes and the use of a towel.
   Synchronistic Health & Wellbeing is committed to the health, safety and welfare of each of its members and staff will not tolerate unreasonable, threatening, obscene, harassing, indecent or illegal behaviour.
   Synchronistic Health & Wellbeing will not tolerate any inappropriate behaviour towards any staff or member. Appropriate action will be taken if necessary.
   Members are liable for damages to Synchronistic Health & Wellbeing property that results from the wilful or negligent conduct of a member, a member's guest of dependent children.
   
   Lost Articles and Damage to Member's Property
   Synchronistic Health & Wellbeing is not responsible for lost or stolen articles or damage to articles. All articles are stored at member's list and Synchronistic Health & Wellbeing discourages members from bringing valuable articles into the Facility.
   
   Consent and release for use of Photographic and Video images
   Synchronistic Health & Wellbeing, its Directors, employees, contractors or agents, will not publish any kind of photograph, video or audio recording for the purposes of advertising, promotion or instructional purposes, without the prior written consent of the Member.
   Members will not take any any kind of photograph, video or audio recording of any other member within the Facility, without the prior written consent of said Member.
   
   Late Attendance to and Leaving Early from Classes
   All Members should arrive within 5 minutes of their class commencement time to avoid disruption to the class schedule.
   Synchronistic Health & Wellbeing resents the right to refuse participation in a class for late attendance or exceeding the scheduled completion of the scheduled class completion.
   
   Age Restriction
   Except as otherwise specified in this agreement, you acknowledge and agree that under no circumstances are you to leave children unattended in the Facility. Synchronistic Health & Wellbeing will not be liable to you in any manner for any injury, loss or damage sustained as a result of your failure to comply with this cause and you agree to indemnify us and hold us harmless for any loss and damage we may suffer as a result of your breach of this clause.
   
   Synchronistic Health & Wellbeing will only allow children into the Facility after providing prior consent. The child/ren must remain only in the approved areas. During this time, you are responsible for your child and acknowledge that you are not permitted to leave your child unattended at any time. All children must remain within your sight at all times.
   If you are under the age of 18 years, you and your parent/guardian both agree to sign and be bound by this agreement and at all times comply with out membership age policy and children in Facility policy as varied from time to time.

   How old you you have to be?
   We do not have a minimum age requirement for memberships. If you are 17 years of age or younger, a parent or guardian must co-sign your agreement.

   Rules and Policies of the Gym
   All members agree to learn and abide by all the rules and policies set by SYNCHRONISTIC HEALTH & WELLBEING and that my change from time to time.
   
   Mobile phones should not be used during classes or courses unless your employment requires to you be on call or you have reasonable grounds. Please notify your supervisor should this be the case.
   
   The Facility Rules govern your use of the Facility. In becoming a member you agree to comply with the Facility 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 Facility. Up-to-date Facility Rules will be published on the SYNCHRONISTIC HEALTH & WELLBEING website and displayed in the Facility.
   
   Changes to these Terms or the Facility Rules
   We reserve the right to make reasonable amendments to these Terms or the Facility Rules at any time. We will give you at least 14 days' notice by emailing you or writing to you to tell you that changes are being made and that you may see the amended Terms or Facility Rules at our website or at the Facility. If any amendment to these Terms or the Facility Rules significantly reduces the benefits of your membership you have the right to terminate you membership under paragraph 8.2
   

10. How should you contact us?
    Any written notice or completed form provided to the Facility must be sent by Post, Fax or Email, or given in person at reception; with exception of a termination by you (see paragraph 7). Full contact details are available at the Clinic's reception. Only notices delivered to us in one of these ways will be considered a valid notice.
    

11. Risk and your health
    Exercising and using Facility facilities may involve the risk of injury. Please monitor your physical condition at all times and exercise to the level and prescription that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, immediately advise your supervisor/treating practitioner. If any new health concern presents, you must inform your supervisor prior to commencing classes. It is the Members responsibility to inform the Supervisor to any change in health status.

12. Liability
    Recreational Activities
    In the course of exercising or engaging in any recreational activities while using the Facility facilities, if you are injured, we will not be liable except to the extend caused by our gross negligence. In this paragraph:
    • gross negligence, means as defined in paragraph 12.2 below; 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 12.2 below which we are required to provide to you in Victoria under the Australian Consumer Law and Fair Trading Act 2012 in relation to this limitation our liability.
    
    12.2 Warning under the Australian Consumer Law and Fair Trading Act 2012
    In this warning, references to "the supplier" mean us, and references to "you" mean you and your child (if you have agreed to these Terms on behalf of a child).
    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:
    -rendered with due care and skill; and
    -are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
    - might reasonably be expected to achieve any result you have made known to the supplier.
    
    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 sign 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.
    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 our 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.
    
    12.3 Liability for supply of other services
    Without limitation to paragraphs 12.1 and 12.2 and any other terms which are implied into the Agreement; or 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 12.1 and 12.2, 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.

13. Other information
    You must keep us up to date with your contact details by completing a Change of Details Form and giving it to the Clinic if your contact details change. In the event that we do not receive a Change of Details Form from you and 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 (or both) under this Agreement, or subcontract our obligations under it, to another organisation without giving you notice and you will continue as a member. If the other organisation fails to provide the same (or equivalent facilities and services we provided, you may end your membership by providing written notice as per paragraph 8.
    If we fail to enforce any of our rights at any time, for any period and for whatever reason, this will not take away those rights. Also, if we fail to notice or act if you break any of the terms of this Agreement, this does not mean that your behaviour is acceptable. If a Court decides that a term of this Agreement is not valid or cannot be enforced, that term will not apply but this will not affect the rest of the Agreement.
    
    This Agreement is subject to the laws Victoria, Australia, where the Facility is located.

14. Your personal Information
    We take the privacy of our members seriously and our Privacy Policy will ensure the ways in which we collect, use, store, protect and disclose your personal information. Your information remains confidential.
    
    We collect personal information from you to provide you with our services, to administer your membership with us and for the other purposes described in our Privacy Policy. In most case, we collect your personal information directly from you, including through your Membership Application Form, a Change of Details form, Health Check Questionnaire and in the course of our other communications with you, which may occur through Synchronistic Facebook page, website or when you call or contact our Directors, employees, contractors or agents.
    If you do not allow us to collect your personal information, we may not be able to provide you with our services, administer your membership with us or conduct some or all of the other activities described in our Privacy Policy.
    
    With your consent, we may also collect personal information which relates to your physical health or condition, including (without limitation) when you complete our Health Check Questionnaire, so that we can assess you general health, wellbeing and readiness for physical exercise and for other purposes set out in our Privacy Policy. If you do not provide this information, you will not be able to use our Facility. If we believe you have any health issue or if our Health Check Questionnaire is not fully completed, we may require you to obtain a medical certificate before we consider your application further.
    
    In order to perform our services and for the purposes described in our Privacy Policy, we may disclose some of your personal information to other persons or entities as outlined in our Privacy Policy. Should you default on payments due to us we may disclose your personal information by notifying the default to a credit reference agency or other third party to obtain payment from you.
    
    Other than as set out in our Privacy Policy, we will not share your personal information without your consent unless we are required to do so by law. Our Privacy Policy explains how you may access and correct the personal information that we hold about you. It also sets out how you may contact us to complain about a breach of the Privacy Act, and how we will deal with such a complain. If you have any questions or concerns about privacy or if you would like further information about our privacy practices, please contact SYNCHRONISTIC HEALTH & WELLBEING using the following details:

Email: hello@synchronistic.com.au
Address: c/o 49 Wattletree Drive
Mount Helen VIC 3350
Ph: 0408511044