STANDARD MEMBERSHIP TERMS AND CONDITIONS

These Fitstop Australia Pty Ltd ACN 167 897 387 (Fitstop) terms and conditions (Terms) are adopted by Fitstop branded fitness locations. When you enter into an agreement with a Fitstop branded location (Location), you enter into an agreement with that Location only (“we”, “us”, “our”), not with Fitstop.

The Terms govern a Member’s (“you”, “your”) use of a Location and impose legally binding obligations (including financial obligations) for which you are responsible. By entering into a membership with a Location (Membership) or using a Location, you agree to be bound by these Terms.

These Terms are to be read in association with Fitstop’s waiver of liability (Waiver), as found on the Fitstop mobile application (App) or at a Location, which is incorporated by reference.

Your membership agreement is subject to a 7 day cooling off period. You may end a Membership agreement at any time within 7 days of signing it by notifying the Location in writing. If you cancel your membership within this period, the Location will immediately terminate your membership without any further charges.

USA

These membership terms and conditions (Terms) are between Fitstop USA, Inc. a Delaware corporation, and its related companies (Fitstop) and any member or user of any Fitstop branded location (Location). The Terms govern the use of a Location and impose legally binding obligations (including financial obligations) for which you are responsible. By entering into a Fitstop membership (Membership) or using a Location, you agree to be bound by these Terms. These Terms are to be read in association with Fitstop’s waiver of liability, as found on the Fitstop mobile application (App), which is incorporated by reference.

SINGAPORE

These membership terms and conditions (Terms) are between Fitstop Singapore Pty Ltd (UEN 202245244N) and its related companies (Fitstop) and any member or user of any Fitstop branded location (Location).

The Terms govern the use of a Location and impose legally binding obligations (including financial obligations) for which you are responsible. By entering into a Fitstop membership (Membership) or using a Location, you agree to be bound by these Terms. 

These Terms are to be read in association with Fitstop’s waiver of liability, as found on the Fitstop mobile application (App), which is incorporated by reference.

NEW ZEALAND

These membership terms and conditions (Terms) are between Fitstop New Zealand Pty Ltd (NZ Company No. 8208137) and its related companies (Fitstop) and any member or user of any Fitstop branded location (Location).

The Terms govern the use of a Location and impose legally binding obligations (including financial obligations) for which you are responsible. By entering into a Fitstop membership (Membership) or using a Location, you agree to be bound by these Terms. 

These Terms are to be read in association with Fitstop’s waiver of liability, as found on the Fitstop mobile application (App), which is incorporated by reference.

1. Memberships

1.1 Memberships generally

Various Membership options are offered, depending on the Location and Fitstop promotions. Upon signing up for a Membership, you become a member of the Location (Member). All Members must sign a Waiver, which can be signed via the App.

A Standard Month to Month Membership is ongoing and ends only if it is terminated by you or by us. 

A Standard 6 month Membership has a 26 week term before rolling onto a standard month to month membership. This Membership is ongoing and ends only if it is terminated by you or by us. 

A Standard 12 month Membership has a 52 week term before rolling onto a standard month to month membership. This Membership is ongoing and ends only if it is terminated by you or by us. 

How you can terminate these memberships and the cost of termination is set out in clause 2.2 below.

1.2 Membership Fees and Payments

Upon signing up as Member, you agree to pay to the Location the fees payable under your Membership and as outlined to you at the time you sign up to become a Member (Membership Fees). 

• You must pay all Membership Fees by your chosen billing method on each Payment Date and authorise our Payment Provider to deduct from your nominated credit card or bank account all Membership Fees and other amounts payable by you under this Agreement.
• You are provided at clause 6 with a copy of the direct debit payment agreement of our Payment Provider. By nominating a direct debit payment, you authorise our Payment Provider to deduct from your nominated account all fees and other charges you must pay under this agreement, including the Payment Provider’s administration fee.
• You must ensure that your nominated credit card or bank account is able to accept direct debits and have sufficient funds available to pay the Membership Fees and any other applicable fees on each Payment Date.

• You acknowledge that our Payment Provider will continue to debit Membership Fees and any other applicable fees until the Agreement is cancelled or the Membership Term expires (whichever occurs first) regardless of your using the Membership.

• If you close the nominated credit card or bank account, it is your responsibility to provide our Payment Provider with details of a replacement credit card or bank account before the next Payment Date.

Membership Fees are debited by our Payment Provider either weekly, fortnightly or monthly in advance via direct debit, with the billing date determined by the date on which the Member first signed up to their Membership (Billing Date). A suspension of Membership (refer clause 2.1) may alter a Member’s Billing Date.

If a direct debit payment is unsuccessful, our Payment Provider will commence the following process, during which time the Billing Date will remain unchanged:

• The direct debit is attempted five (5) times every two (2) days, with the ability for the unpaid invoice to be paid for in the app. The Membership will be flagged as “unpaid” and will be suspended until the arrears is fully paid.

We may recover from you any merchant or other fees we may incur as a result of any costs incurred by or charged to us as a result of any method of payment by you of the Membership Fee.

We reserve the right to charge you a reasonable processing fee being the reprocessing fee in the event of dishonour of your direct debit or any failed payment. Furthermore, you will not be permitted to book any classes at any sessions unless and until all outstanding Membership Fees together with any fees incurred by us are paid up to date.

Merchant and Failed Payment Fees:

 

Card Payments (Online)	AUS Rates	NZ Rates	SG Rates	USA Rates
Local Cards	2.00% + $0.30	2.00% + $0.30	3.40% + $0.50	3.00% + $0.30
AMEX Cards	2.30% + $0.30	2.30% + $0.30	3.60% + $0.50	3.30% + $0.30
International Cards	+1.50%	+1.50%	+2.00%	+1.00%
Chargeback Fee	$25.00	$25.00	$25.00	$25.00
Card Updater Service	$1.50	$1.50	$1.50	$1.50
Failed Payment Fee	$3.50	$3.50	$3.50	$3.50
Failed Payment Fee (Type)	All Failures	All Failures	All Failures	All Failures
Card Payments (Terminal)	AUS Rates	NZ Rates	SG Rates	USA Rates
Local Cards	1.75% + $0.20	1.75% + $0.20	3.60% + $0.50	2.90% + $0.25
International Cards	3.25% + $0.20	2.30% + $0.20	4.15% + $0.50	4.30% + $0.25
Bank Payments	AUS Rates	NZ Rates	SG Rates	USA Rates
Bank Direct Debit	0.40% + $0.80	0.40% + $0.80	NA	0.40% + $0.80

Membership Fees under any periodic membership, which means our Standard month to month membership and our other memberships after their initial fixed term has lapsed, may be increased at any time. You will be notified of the proposed increase and the date it will come into effect at least 14 days prior to the change. 

I understand that the Location may increase future periodic payments. The Location will give

me notice electronically in writing of the proposed increase in advance and tell me the date that it will come into effect. This effective date will be at least fourteen days from the date of the Location’s notification.

I agree that the Location may increase my membership fees or any other fees at any time. I understand that the Location will make a fair effort to tell me at least 14 days before

by writing to me electronically at the last email address I provided. Where the Location has done so, I authorise Fitstop to increase any debits from my nominated account in line with this increase.

If you wish to terminate your Membership because of a change in fees, you can do so at any time and your Membership will terminate at the end of their current term with no further Membership fees owing.

1.3 Referral initiative

Members may make a referral through the member service button in the App to refer a non-member to become a Member (Referring Member). If that non-member becomes a Member (Referred Member):

• the Referred Member will receive a free week of Membership, which will be applied to their second billing cycle; and
• the Referring Member will receive a free week of Membership, which will be applied to their next billing cycle.

1.4 Location transfers

Members may request to transfer their Membership to another Location on the App (Transfer Request). Transfer Requests must be approved by the proposed transfer Location before the transfer can occur. Members will be notified in respect of the outcome of their Transfer Request. Your Membership is not transferable to your new location and you will be charged the current full membership fee for the new Location.

1.5 Casual Users and Pay-Per-Use

In addition to the Memberships, Locations offer “pay-per-use” sessions, in which a person can pay a once off fee to train at a Location for a single session (Pay-Per-Use). Pay-Per-Use sessions are available for Members and non-members (Casual Users) and can be used at any Location.

To purchase a Pay-Per-Use session, Casual Users must sign up to the App and select the Pay-Per-Use session at the Location and the date on which the Casual User wishes to attend. Before booking the Pay-Per-Use session, Casual Users will be required to agree to, and sign, a Waiver via the App. Casual Users will be required to make payment at the time of booking the Pay-Per-Use session.

A Pay-Per-Use session may only be redeemed at the Location and on the date selected at the time of booking. Once purchased, a Pay-Per-Use session cannot be refunded or changed.

Members may purchase a Pay-Per-Use session to attend an alternative Location to their Home Location. Any Pay-Per-Use fees will be in addition to any Membership Fees payable.

2. Suspension and Termination

2.1 Suspension

Members may suspend their Membership for up to 28 days per calendar year (Suspension Allowance). To suspend, Members must make a suspension request via the App (Suspension Request). All Suspension Requests must be made with at least 14 days’ notice. Members will be notified in respect of the outcome of their Suspension Request. We reserve the right to refuse a Suspension Request if the Member does not give us 14 days’ notice, is in arrears or is in a termination notice period. Members may unsuspend their Membership at any time during their suspension period via the App.

The period of any suspensions due to medical reasons, and subject to a medical certificate having been provided to the Location, will not be deducted from a Member’s Suspension Allowance.

For the avoidance of doubt:

• We are under no obligation to backdate any Suspension Requests.
• Fees (other than administration fees) are not charged for the suspension period.
• Any minimum term will be extended by the suspension period.

2.2 Termination

Members may terminate their Membership at any time, and for any reason, by submitting a termination request via the App or by email or otherwise in writing (Termination Request). Members will be notified in respect of the outcome of their Termination Request within 7 days of us receiving it. 

2.3 Termination Notices

All memberships except for Pre-Paid memberships are ongoing and you will be charged each month until you submit a Termination Request. 

Standard Month to Month Membership: after submitting a valid Termination Request, you will be liable for your membership fees for a further 28 days unless your Location is in the Australian Capital Territory, where you will be liable for your membership fees for a further 14 days.

Standard 6 month Membership: If submitting a valid Termination Request before the expiry of the initial terms, the Membership will be terminated following a 50% payout of the remaining original term period

Standard 12 month Membership: If submitting a valid Termination Request before the expiry of the initial terms, the Membership will be terminated following a 50% payout of the remaining original term period

We will give notice to you about the end of your initial term 2 months before the date it expires. If your Standard 6 or 12 month Membership has rolled over, it becomes a Standard Month to Month Membership and those termination provisions apply.

A Membership may be terminated with immediate effect (with no further Membership Fees being direct debited and a refund provided for any unused part of the term of the agreement) due to medical reasons subject to a medical certificate being provided to us confirming that the Member is unable or unfit to continue as a Member. The administration fee and any fees owing for services provided to you will be deducted from any refund.

If you terminate your Membership in a manner not described herein, you may be liable for damages for breach of contract.

We may terminate a Membership with immediate effect at any time, with or without notice, if you materially breach these Terms and do not remedy the breach within a reasonable time. A material breach includes, but is not limited to, failing to make a payment as and when due. If the you commit a serious breach of an essential term, including but not limited to engaging in conduct which is banned or prohibited under clause 3, we may terminate your Membership with immediate effect.

If we terminate a Membership, you will not be entitled to a refund on any unused portion of any Membership Fees paid in advance.

You may terminate a Membership with immediate effect at any time if we materially breach these terms and do not remedy the breach within a reasonable time of being notified by you, or if you become entitled to terminate under consumer laws.

Upon termination of a Membership Agreement, you should ensure that you cancel the direct debit authorisations with your bank or financial services provider. 

If you wish to delete your account or need support with the account deletion process, please email the Fitstop Operations team via operations@fitstop.com. 

3. Conduct

3.1 Behaviour

Each Member or Casual User has a right to enjoy our facilities and the Fitstop community. To ensure this, each Member and Casual User agrees not to engage in any behaviour or conduct (including use any language) which is unlawful, discriminatory, aggressive, threatening, abusive, defamatory, vulgar, indecent, sexually explicit, inappropriate or causes another person to feel unsafe when engaging (whether expressly or impliedly) with another Member or Casual User or any Location or Fitstop staff member or contractors.

We do not tolerate inappropriate conduct including any form of sexual harassment or discrimination and is committed to taking all reasonable steps to prevent this. Any Member or Casual User who experiences such conduct should report it to Location staff immediately or report it to operations@fitstop.com.

The following conduct is strictly prohibited and may result in your Membership being suspended or terminated immediately:

• Harassment of other Members, Casual Users, staff or contractors;
• Using or distributing illegal substances, performance enhancing or otherwise;
• Unauthorised training of Members or Casual Users;
• Engaging in any unauthorised commercial activity;
• Damaging machinery or equipment.

3.2 Use of equipment

All Members and Casual Users must use the equipment and machines at the Location properly and safely, in accordance with the relevant instructions and for its intended purpose. If you are unsure how to use the equipment and machines, you must seek assistance from Location staff. 

After use of a session (as applicable), machines should be unloaded and all weights, plates, dumbbells, kettlebells, barbells and other equipment should be returned to its original rack. All equipment must be wiped down and a clean towel should be carried and used on equipment where necessary.

3.3 Banned conduct

We kindly request that no food or bags are brought into the exercise area of the Location. Under no circumstance shall a person bring alcohol or illegal substances to the Location or undertake exercise while impaired by the use of alcohol or medication. There is strictly no smoking (including vapes/electronic cigarettes) allowed inside the Location.

All Members and Casual Users are requested to wear appropriate clothing and footwear to undertake fitness activity, which does not contain any offensive or obscene slogans, graphics or text. All footwear must be enclosed. You may be refused entry if you fail to comply with this dress code.

Members and Casual Users are asked to be respectful of other Members and Casual Users and their privacy when videoing or photographing while at the Location. If requested, you must not take a photo or video that includes another Member or Casual User. Photographs and videos of other people are strictly prohibited in the toilets and change rooms.

4. Access of Location

4.1 Guests

A Member must not bring any guests to a Location unless the guest has signed a Waiver and purchased a Pay-Per-Use session for the Location on the date on which the guest wishes to attend.

4.2 Minimum age

The minimum age for a person to join or train at a Location is 16 years, and any person under the age of 18 years will only be permitted to join or train where their parent/guardian has signed a Waiver in respect of that person, which can be signed via the App. Any person under the age of 16 who provides false information about their age upon signing up or trying to access a Location will have their Membership terminated immediately and be asked to leave the Location.

4.3 Children

If your Location is child-friendly, you are permitted to bring your child/children with you while you attend a session. Children must not touch any exercise equipment or enter the exercise area before, during or after a session and must stay in either the designated “KidZone” or in the adjunct child care or creche facility provided. Children remain the responsibility of the parent or guardian at all times. Where a child is found to be using the equipment or potentially putting themself in any danger, the child may be banned from attending the Location at the sole discretion of Location management.

4.4 Pets

If your Location is dog-friendly, your Location management may permit you to bring your dog with you while you attend a session. Any dog that attends a Location must be obedient, well-behaved, toilet trained and leashed at all times. All pet messes must be immediately attended to by the dog owner. Members and Casual Users are asked to bring a water bowl for their dogs, if required. Any aggressive, disruptive or misbehaved dogs may be banned from attending at the sole discretion of Location management.

4.5 Health and Safety

You must not attend any Location if you are suffering from an illness or condition which could risk your health and safety or the health and safety of others. 

If you are asked to complete a pre-exercise assessment, you agree do to so truthfully and accurately and acknowledge that:

• We may in our sole discretion refuse to supply any fitness service until you have provided evidence from a medical practitioner or appropriate health professional that you are not at risk from participating in the proposed fitness service.
• Any advice provided by us based on a pre-exercise assessment does not constitute medical advice.

If you believe there is a risk to your health by participating in a fitness service at a Location, you must inform us of this risk in writing.

We reserve the right to suspend or terminate your Membership if you do not comply with these health and safety conditions.

4.6 Privacy

For your safety and security, CCTV cameras are used at some Locations other than in the bathrooms or changerooms.

Photographs, videos or audio recordings are sometimes taken of Members for promotional purposes. By signing a Membership Agreement you consent to us or Fitstop using your image, recording or likeness for legitimate purposes, and you assign your rights in any of these materials to us and to Fitstop. 

Fitstop’s Privacy Policy, which applies to all Locations, can be accessed on the App or at https://fitstop.com/privacypolicy

5. General

5.1 Notices

A notice, demand, consent, approval or communication under these Terms may be hand delivered to a Member at their Home Location or sent by email to the Member’s email address as provided by the Member at the time of signing up to the Location.  You may change your email address at any time via the App.

5.2 Variation

We reserve the right to change these Terms from time to time by updating the Terms on the Website, App and Waiver.

5.3 Governing Law and Jurisdiction

These Terms are governed by the laws applicable to your Location. You submit to the non-exclusive jurisdiction of the courts of that state or territory.

5.4 Contact

Providing a good customer experience is important to us. If you have questions, or if you would like to make a complaint, please contact your Location (if a Member) or email us at operations@fitstop.com.

5.5 No Franchisor Liability

You acknowledge that the Location is an independent business proprietor that is a franchisee of Fitstop. The facilities and services will be provided directly to you by the Location and not Fitstop, and neither Fitstop or any Location are liable for each other’s acts or omissions.

6. Payment Authorisation

In this clause: “Customer” means you; “Business” means the Location; “Payment Contract” means the Agreement in which the Customer has agreed to pay for the service provided by the Business – hereafter referred to as the Agreement. 

You acknowledge that Stripe Payments Australia Pty Ltd ACN 160 180 343, of 222 Exhibition St Melbourne VIC 3000, Direct Debit User ID number 507156 (Stripe or Initiator) has been contracted by the Business to collect the direct debit and credit card payments as directed by you, due under the membership agreement in return for having an entitlement to use the services provided by the Business. Nothing contained in the Payment Contract shall render Stripe, as an agent of the Business, for any purpose other than the collection of payments due and payable under the Agreement. You acknowledge that an Initiator shall not in any way be liable to you for the provision of Services. For the purpose of Australian contract law, you acknowledge that all rights of the Business pursuant to this Agreement may be enforced by the applicable Initiator.

Direct Debit Request 

You agree to this Direct Debit Request and the Direct Debit Request Service Agreement below, and authorize Stripe to debit your account through the Bulk Electronic Clearing System (BECS) in the event that the net activity in your Stripe account on any day is negative or for any other reason relating to the Stripe Services. You certify that you are either an account holder or an authorized signatory on the account.

Direct Debit Service Agreement

By agreeing to the Direct Debit Request you authorize Stripe to arrange for funds to be debited from your nominated financial institution account (the “nominated account”). Stripe is acting

as an agent for the Business and Stripe does not provide any goods or services to you.

Stripe or the Business will give you at least 14 days’ notice in writing of any changes to the terms of the drawing arrangements.

Stripe will keep information relating to your nominated account confidential in accordance with Stripe’s Privacy Policy, except where required for the purposes of conducting direct debits with your financial institution. Your personal information will be transferred by Stripe to the United States. If you do not want to provide your personal information to Stripe in connection with the Direct Debit Request, Stripe will not be able to debit your nominated account.

Where the due date is not a business day Stripe will draw from your nominated financial institution account on the next business day.

It is your responsibility to:

1. Ensure that your nominated account can accept direct debits;
2. Ensure that there are sufficient clear funds available in the nominated account to meet each drawing on the due date;
3. Advise immediately if the nominated account is transferred or closed or your account details change;
4. Arrange a suitable payment method if Stripe or the Business cancels the debit arrangements;
5. Ensure that all authorized signatories nominated on the financial institution account to be debited authorize the Direct Debit Request.

Subject to the terms and conditions of your nominated financial institution account and your agreement with the Business, you may alter the drawing arrangements. Such advice should be received by the Business at least 7 business days prior to the drawing date for any of the following:

1. Changing your nominated account number;
2. Deferring a drawing;
3. Altering a Direct Debit Request schedule;
4. Cancelling the drawings completely.

If you require further information, please contact Stripe or the Business. Alternatively, you can also contact your financial institution.

If you believe that there has been an error in debiting your account, you should notify the Business as soon as possible. The Business will notify you in writing of its determination and the amount of any adjustment that will be made to your nominated account (if any). Stripe will arrange for your financial institution to adjust your nominated account by the applicable amount (if any). Alternatively, you can also contact your financial institution.

The details of your drawing arrangements are contained in the Direct Debit Request.

Stripe reserves the right to cancel the drawing arrangements if three consecutive drawings are dishonoured by your financial institution, and for the Business to arrange with you an alternative payment method. Please refer to the terms and conditions of your nominated financial institution account to see whether dishonour fees apply. The Business may charge additional dishonour fees in accordance with your Stripe Services Agreement.

I understand that the Location Owner may sell or otherwise transfer the conduct of the Location in the future to a third party, and such sale or transfer may include the right to receive payments in association with the Payment Authorisation I have signed or will sign in connection with my membership (“Change of Business Ownership”). In the event that a Change of Business Ownership occurs, I acknowledge and agree that I may be notified of the Change of Business Ownership by email or a notice posted in the reception area of the Location. I further agree that as a result of the Change of Business Ownership and the issuing of the notice, my payment arrangements will automatically be updated.

 By signing this agreement, I affirm, understand and agree to the Payment Authorisation. I acknowledge that unless I provide written notice of termination of my membership prior to the end of the fixed term of my Periodic Billing Agreement*, I will still be liable for my membership fees until the duration stated under section 2.3 after I provide written notice of termination to the Location. I understand the Location must respond to its receipt of a written notice within 7 days

* A periodic billing agreement is any agreement that does not end automatically but rolls over. This applies to most of our membership agreements.

By signing this agreement, you acknowledge that you are choosing to have your membership automatically renewed so that it will continue unless it is terminated

• Month-to-month ongoing agreement. This agreement ends only if terminated by you or by us.
• Ongoing agreement with an initial fixed term of 6 months, which rolls over to a month to month agreement after 6 months unless it is terminated by you or by us. We will give notice to you about the end of this initial term 2 months before the date it expires.
• Ongoing agreement with an initial fixed term of 12 months, which rolls over to a month to month agreement after 12 months unless it is terminated by you or by us. We will give notice to you about the end of this initial term 2 months before the date it expires.
• The initial fixed term commences on the date that you sign this agreement.