Terms & Conditions

1. DEFINITIONS

1.1 ‘ACL’ means the Australian Consumer Law in the CCA.

1.2 ‘Agreement’ means this membership agreement made between you and Strength & Motion Academy incorporating the documents referred to in clause 2.2.

1.3 ‘Billing Account’ means the bank account or credit card nominated by you to have your Membership Fees deducted from, using a direct debit method of payment.

1.4 ‘Cancellation Fee’ means a ONE HUNDRED AND FIFTY Dollar ($150.00) fee or such other fee determined by Strength & Motion Academy payable under Clause 3.7 of this Agreement.

1.5 ‘CCA’ means the Competition and Consumer Act 2010 (Cth).

1.6 ‘Club’ means the Strength & Motion Academy gym as specified in your Membership Agreement or any such Club that your membership may be transferred to and includes the Facilities and Services provided by that gym.

1.7 ‘Club Access’ means the initial Joining Fee specified in the Agreement.

1.8 ‘Club Rules’ means the Strength & Motion Academy membership policies as amended from time to time and the Golden Rules, which are located at the Strength & Motion Academy Website and available at the Club on request.

1.9 ‘Direct Debit Membership’ and ‘Direct Debit Membership Fee’ means:

(a) a flexi option weekly membership with weekly direct debits;

(b) a flexi option fortnightly membership with fortnightly direct debits; and

1.10 ‘Direct Debit Membership Fee’ means the fortnightly fee payable for the Direct Debit Membership inclusive of any Payment Provider fees.

1.11 ‘Dishonour Fee’ means a TEN Dollar ($10.00) fee or such other fee determined by Strength & Motion Academy.

1.12 ‘Facilities and Services’ means all exercise areas, bathrooms, equipment, weights, benches, machines, mats and any included programs, products, classes and services that you may use (excluding services provided by outside providers referred to in Clause 6) as detailed in your Membership Agreement.

1.13 ‘Fines’ means any fines imposed by Strength and Motion Academy in accordance with its Fines Policy pursuant to clause 3.7(c).

1.14 ‘Freeze Fee’ means a fee payable when a member freezes their membership, the amount being an amount determined by Strength & Motion Academy in its sole discretion.

‘Golden Rules’ means the Strength & Motion Academy Golden Rules, which form part of the Club Rules.

1.15 ‘Joining Fee’ means the fee specified in the Agreement.

1.16 ‘Member’ means the individual who has entered into this Agreement with Strength & Motion Academy.

1.17 ‘Membership’ means your membership to the Club as governed by this Agreement.

1.18 ‘Membership Age Policy’ means the Strength & Motion Academy Membership Age Policy which is available at the Strength & Motion Academy Website and available at the Club on request.

1.19 ‘Membership Agreement’ means the form provided to you by Strength & Motion Academy requiring you to provide your relevant details to Strength & Motion Academy (e.g. name, address, payment card details) and containing the agreement made between you and Strength & Motion Academy relating to your Membership.

1.20 ‘Membership Fees’ means the fees that are due and payable by you pursuant to this Agreement.

1.21 ‘Membership Transfer Policy’ means the Strength & Motion Academy Transfer Policy which is available at the Strength & Motion Academy Website and available at the Club on request.

1.22 ‘Minor’ means members under the age of EIGHTEEN (18) years old.

1.23 ‘Paid In Advance Membership’ means Members that are required pay their Membership Fees in advance in accordance with their Membership Agreement and these Terms & Conditions.

1.24 ‘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.

1.25 ‘Payment Provider’ means the payment provider specified from time to time by Strength & Motion Academy.

1.26 ‘Payment Provider’s Direct Debit Request Service Agreement’ means the Payment’s Provider’s service agreement provided to you by either Strength & Motion Academy or the Payment Provider.

1.27 ‘Penalty Fee’ means a TWO HUNDRED Dollar ($200.00) fee or such other fee determined by Strength & Motion Academy.

1.28 ‘Policies’ means the Strength & Motion Academy membership policies as amended from time to time, which are located at the Strength & Motion Academy Website and available at the Club on request.

1.29 ‘Pre-Workout Questionnaire’ means the pre-workout questionnaire that the member is required to complete prior to using the Club.

1.30 ‘Privacy Policy’ means the Strength & Motion Academy Privacy Policy which is available at the Strength & Motion Academy Website and available at your Club on request.

1.31 ‘Products’ means any products that are purchased pursuant to Strength & Motion Academy Sale of Goods Terms & Conditions.

1.32 ‘Staffed Access Only Membership’ means a membership to the Club in which the Member may only attend the Club during Staffed Hours.

1.33 ‘Staffed Hours’ means the hours for the Club, which are located at the entrance to the Club or at the Strength & Motion Academy Website. Strength & Motion Academy reserves the right to change the Staffed Hours at any time without notice.

1.34 ‘Strength & Motion Academy’ means Simply Ideal Pty Ltd as trustee for the EAA Trust trading as ‘Strength and Motion Academy’ and being the entity specified on your Membership Agreement which includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.

1.35 ‘Strength & Motion Academy Website’ means either:

(a) www.smacademy.com.au; or

(b) www.idealmotion.com.au, or

1.36 ‘Written Notice’ means notice in writing, given in person, by email or post to the parties’ last known address.

2. TERMS AND CONDITIONS

2.1 Your membership is governed by this Agreement.

2.2 This Agreement incorporates these terms, the Membership Agreement, the Policies, the Club Rules and the Privacy Policy.

2.3 Accepting this Agreement does not automatically entitle you to a membership as your application may be subject to further review by Strength & Motion Academy.

2.4 Strength & Motion Academy reserves the right, in its sole discretion, to amend this Agreement.

2.5 Strength & Motion Academy 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

3.1 Nature of Membership

Your Membership permits you to use the Club, including its premises, the facilities and equipment located at the Club and the services offered and provided by the Club as shown and limited by the membership identified. Your Membership is non-transferable by you unless deemed appropriate by Strength & Motion Academy in its sole discretion.

3.2 Change to Details

You must provide Strength & Motion Academy in writing with any changes to your details, which are, or may be, relevant to your Membership.

3.3 All Club Privileges

Subject to Clause 19, your Membership entitles you to utilise “Strength & Motion Academy” branded clubs, as listed on the Strength & Motion Academy Website.

3.4 Membership Hold

Strength & Motion Academy will only hold your Membership in accordance with the requirements of the Strength & Motion Academy Membership Hold Policy available at the Club or at the Strength & Motion Academy Website.

3.5 Membership Transfer – Paid in Advance

A Member may transfer their Paid in Advance Membership in accordance with the Membership Transfer Policy.

3.6 Membership Transfers - Direct Debit (DD)

Members who pay their Membership Fees fortnightly may be entitled to transfer their Membership in accordance with the Membership Transfer Policy.

3.7 Payments

(a) Membership Fees

(i) 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.

(ii) For a Direct Debit Membership you must make your payments on a fortnightly basis in advance in accordance with the Direct Debit Membership Fee you

have opted for under your Membership.

(iii) For a ‘Paid in Advance’ membership, you must pay your membership in advance according to your level of Paid in Advance membership as indicated by Strength & Motion Academy to you.

(iv) For all Memberships you must make payment of the Club Access and pro-rata amount in advance and the balance of the Membership Fees by way of direct debit (or if Paid in Advance, by way of credit, cash or EFTPOS).

(v) You must provide to Strength & Motion Academy, in a form requested by Strength & Motion Academy, a Payment Agreement authorising Strength & Motion Academy’s Payment Provider to debit the Membership Fee due for each direct debit period from your Billing Account.

(vi) Strength & Motion Academy will endeavour to contact you by phone, sms or email to inform you of any overdue payments. In the event that Strength & Motion Academy cannot contact you, it will provide you with Written Notice of overdue payments.

(b) Additional Fees

(i) A Member will be charged a Dishonour Fee ($21.90) in the event that a fortnightly direct debit payment is dishonoured by their financial institution.

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

(iii) If there are repeated failures to meet your payment obligations under this Agreement (other than through the fault of Strength & Motion Academy or its

Payment Provider), without prejudicing Strength & Motion Academy’s rights to recover any overdue payments, your membership may be suspended or

terminated by Strength & Motion Academy at its sole discretion by Written Notice to you.

(i) You acknowledge and agree that the treatment of the Equipment is important to you, other Members and the efficient and cost-effective running of the Club.

(ii) In acceptance of the acknowledgement in clause 3.7(c)a, you must not, under any circumstances (except in the case of emergency) leave equipment that is no longer in your use in any place that is not its usual storage location. All equipment must be returned to its usual storage location after you have used it, even if it is between interchanged “sets” of use with other equipment.

(iii) If you do not comply with clause 3.7(c)b, then you agree that, pursuant to the terms of the agreement you entered into with the Payment Provider on or around the date of this Agreement to deduct by direct debit your Membership Fees, that you authorise the Payment Provider to deduct relevant Fines for such non-compliances, those Fines being imposed at Strength and Motion Academy’s sole discretion, having regard to the reasonable proof of such noncompliance.

(d) Changes to Fees

(i) You acknowledge and agree that Strength & Motion Academy may at any time change its Payment Provider and that Strength & Motion Academy and/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 Strength & Motion Academy or the current Payment Provider assigns or novates the existing Payment Agreements to a new payment provider, you consent to Strength & Motion Academy or 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 Strength & Motion Academy’s Privacy Policy.

(ii) Strength & Motion Academy reserves the right, at any time, to change the Membership Fees charged to Members for use of the Facilities and Services. Strength & Motion Academy agrees to use reasonable endeavours to provide you with Written Notice of any such changes. The changes will take effect 30 days after the Written Notice has deemed to be been 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 Strength & Motion Academy and/or the Payment Provider to debit the new amount to your account.

3.8 Minimum Age

(a) A Member must be a minimum of 14 years of age. A Minor may be permitted to become a Member at Strength & Motion Academy’s sole discretion and if so

permitted, that Minor’s parent or legal guardian must agree to the terms of this Agreement. All Minors must attend the Club if applying for membership.

(b) Minors aged between 14-17 years of age who have been granted Membership must comply with the restrictions outlined in the Membership Age Policy.

3.9 Staffed Access

(a) A Member may at Strength & Motion Academy’s sole discretion, be subject to a Staffed Access Only Membership.

3.10 Access by Non-Members

(a) Strength & Motion Academy grants access to Members only, unless otherwise specified in this Agreement. No Member is permitted to bring a non-Member into

the Club.

(a) If a Member breaches Clause 3.11(a) of this Agreement, the Member acknowledges that:

(iii) 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 Strength & Motion Academy;

(iv) they will be charged a Penalty Fee; and

(v) Strength & Motion Academy reserves the right to terminate the membership of the Member who brings a non-Member into the Club.

3.11 Commercial Activity

(a) You acknowledge that engaging in any commercial or business activities in the Club, such as offering training services or selling goods in the Club is prohibited unless Strength & Motion Academy grants you written permission to do so such permission being at Strength & Motion Academy’s sole discretion, and being revokable at any time by Strength & Motion Academy.

4. CLUB RULES

4.1 Club Rules

(a) The Club Rules apply to everyone using the Facilities and Services.

(b) The Club Rules form part of this Agreement so you must make sure you read, understand and follow them at all times.

(c) If you break any of the Club Rules, Strength & Motion Academy will respond in a way it considers fair and appropriate. For example, in less serious cases, Strength & Motion Academy may give you a warning but in serious cases or where you have repeatedly broken Club Rules Strength & Motion Academy may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

(d) If you behave in a risky or seriously inappropriate way (for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation) appropriate action will be taken in the circumstances (for example, your Membership may be immediately suspended or cancelled (with a Cancellation Fee potentially applying), you may be banned from joining any Club and/or Strength & Motion Academy may refer the matter to appropriate authorities). If your conduct causes us or another person costs, loss or damages you agree to pay for these.

(e) You agree to follow any direction of Club staff relating to health, safety or security matters or related matters.

4.2 Golden Rules

(a) You acknowledge and agree that:

(vi) the Golden Rules form part of the Club Rules;

(vii) the Golden Rules are deemed by Strength and Motion Academy to be superior in importance to the Club Rules; and accordingly,

(viii) if broken, Strength and Motion Academy will not tolerate this noncompliance and will respond accordingly in a manner that is deemed appropriate considering the severity of that non-compliance.

5. ORIENTATION

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

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

5.3 Strength & Motion Academy may suspend or terminate this Agreement in the event of unsatisfactory completion of the Club orientation prior to the commencement of exercise.

5.4 You acknowledge and agree that Strength & Motion Academy clubs may have different equipment and/or a different layout. You acknowledge and represent to Strength & Motion Academy that you will seek assistance from Strength & Motion Academy personnel before using equipment that is unfamiliar to you.

6. OTHER SERVICES

6.1 There may be other services, including personal training services, offered at Clubs by contractors, licensees and others which are offered separately to services provided under this Agreement. You will need to pay applicable fees directly to the providers of the services and agree to separate terms and conditions.

6.2 Strength & Motion Academy are not responsible for these third party provided services including fees or any associated costs claims or refunds.

7. PHYSICAL CONDITION

7.1 It is your responsibility not to use any equipment which may adversely affect any medical condition you may have (be it prior to joining the Club or acquired after that time).

7.2 You hereby represent to the Club, Strength & Motion Academy 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.

7.3 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 Facilities and Services at the Club.

7.4 You acknowledge that Strength & Motion Academy did not give you any medical advice before you used the Facilities and Services, and cannot give you any medical advice after you use the Facilities and Services.

8. VIDEO AND AUDIO SURVEILLANCE

8.1 For security purposes, Strength & Motion Academy uses video and audio surveillance equipment to monitor the Club on a 24 hour basis.

8.2 By accepting this Agreement you acknowledge that by accessing any Strength & Motion Academy club you will be subject to video and audio surveillance and recording.

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

9. FACILITIES AND SERVICES

9.1 You must use all Facilities and Services in a safe and proper manner.

9.2 You must take care of all Facilities and Services and causes, or may cause, damage to those Facilities and Services.

9.3 You understand and acknowledge that, to the extent that Strength & Motion Academy is providing recreational services, it may not be held liable for defective products or equipment that is manufactured by any third party supplier.

10.LIABILITY FOR PROPERTY

10.1 Strength & Motion Academy 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 a locker.

10.2 If you cause damage to the Club or any equipment you are liable to Strength & Motion Academy for its cost of repair or replacement.

11.STRENGTH & MOTION ACADEMY’S LIABILITY TO YOU

11.1 Under the ACL Strength & Motion Academy guarantee that the services it supplies:

(a) are provided with due care and skill;

(b) are reasonably fit for any purpose you have told Strength & Motion Academy you are using the services for or told Strength & Motion Academy you wish to achieve;

and/or

11.2 Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.

11.3 If you sign this Agreement, you agree, to the extent allowed by the CCA and ACL, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

11.4 This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).

11.5 Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to Clause 13.1, Strength & Motion Academy is not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

12.RELEASE AND INDEMNITY

12.1 Strength & Motion Academy is entitled to ask you to agree to exclude, restrict or modify its liability for death or any personal injury suffered by you on Club premises, or from the use of our facilities or equipment.

12.2 If you accept this Agreement, you agree to restrict the liability of Strength & Motion Academy 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.

12.3 Strength & Motion Academy 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 Strength & Motion Academy.

12.4 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.

13.RELEASE AND INDEMNITY (WESTERN AUSTRALIA)

13.1 You use the facilities provided by Strength & Motion Academy at the Club at your own risk and acknowledge that the use of the Club may involve risk of injury, whether caused by you or another party. By accepting this Agreement you agree that Strength & Motion Academy will not be liable for any loss, injury, damage or theft of property, belonging to or brought onto Club premises by you, or for any death, personal injury or illness on Club premises, or from using the Facilities and Services.

13.2 This release does not apply if your death or injury results from gross negligence on the part of Strength & Motion Academy.

14.COOLING OFF PERIOD

14.1 All new Memberships are subject to a cooling off period of 10 business days.

14.2 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.

14.3 For any Membership terminated validly during the cooling off period, Strength & Motion Academy will refund to you the total of all Membership Fees.

15.PUTTING YOUR MEMBERSHIP ON HOLD

15.1 You may temporarily suspend or freeze your Membership for any reason if your account is up to date and, if you have a Fixed Term Agreement, it has more than TWO (2) weeks left. In any TWELVE (12) month period you may freeze your Membership TWO (2) times for up to THREE (3) months for both periods combined.

15.2 Strength & Motion Academy may agree to freeze your Membership for more than the period noted in Clause 15.1 for travel, medical or hardship reasons but you must give us proof (such as supporting documents) to Strength & Motion Academy’s reasonable satisfaction.

15.3 The Freeze Fee usually applies during any freeze period.

15.4 While your Membership is frozen, the Minimum Term will be extended for the same time as the freeze period. Direct debit payments that fall in the freeze period will also be frozen (except the Freeze Fee).

16.YOUR RIGHT TO TERMINATE YOUR MEMBERSHIP

16.1 You may terminate your Membership at any time on the following basis:

(d) You provide a request for termination of your Membership in writing, delivered in person to Strength & Motion Academy accompanied by the return of your access key tag. If providing notice in writing only, the following in relation to your key tag will apply:

i. Failure to return your access key tag in person at the Club will result in a $20 fee for the access key tag being applied to your account. This fee amount Must be settled prior to your cancellation being processed.

(e) If your request for termination is for reason of permanent sickness or physical incapacity and this prevents you from using the Club:

(i) your request must be accompanied by a medical certificate evidencing such permanent sickness or physical incapacity; and

(ii) there will be a refund of any unused Membership Fees.

(f) In the event of death, your estate must provide written evidence in the form of a death certificate and all unused Membership Fees will be refunded.

(g) If your request for termination is for reasons other than permanent sickness or physical incapacity:

(i) in relation to Direct Debit Memberships:

(1) you may terminate your Membership at any time;

(2) you must provide Strength & Motion Academy with Written Notice of termination and Strength & Motion Academy will process your termination within (3) business days; and

(3) the Member will not incur any financial obligations under this Agreement on and from the date that the Written Notice has been processed and accepted by Strength & Motion Academy and the Member has a right to continue attending the Club until the Member’s pre-paid period expires.

(ii) in relation to Paid in Advance Members:

(1) you may not terminate the Membership during the prepaid period (or get a refund), unless you suffer from a permanent sickness or physical incapacity as described in Clause 18.1; and

(2) if you do not renew your Paid in Advance Membership by the renewal date, your Membership will automatically expire.

17.STRENGTH & MOTION ACADEMY’S RIGHT TO RESTRICT OR TERMINATE YOUR MEMBERSHIP

17.1 Strength & Motion Academy may restrict your Membership (including by limiting access to other Strength & Motion Academy clubs and for limiting access to Staffed Hours) at any time on the following basis:

(a) concern for the health and/or safety of the Member; or

(b) non-compliance, improper or harmful conduct engaged in by the Member. 17.2 Strength & Motion Academy may terminate your Membership at any time including but not limited to the following reasons:

(a) you fail to make any payments of your Membership Fees;

(b) Strength & Motion Academy reasonably suspects that you are engaging in illegal activity in the Club;

(d) your conduct is improper or harmful to the best interest of Strength & Motion Academy Members.

17.3 In the event that Strength & Motion Academy terminates your Membership in accordance with Clause 19.2, termination will be effective on the date that Strength & Motion Academy sends Written Notice. You are liable for all financial obligations until that date. If you are a Paid in Advance Member, Strength & Motion Academy may refund any unused portion of your fees in its sole discretion.

17.4 Upon termination of your Membership by Strength & Motion Academy, you will cease to have access to the Club, and Strength & Motion Academy has the discretion to deny you access to any Strength & Motion Academy club. Any money owing to Strength & Motion Academy when your Membership ends, remains immediately due and payable and Strength & Motion Academy 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 Strength & Motion Academy, you must pay the balance of the amount owing.

17.5 Upon termination of your Membership by your election, you may continue to use the Club for any period that you have paid in advance. You will cease to have access to the Club once any period you have paid in advance expires.

17.6 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.

18.TERMINATION AND UNAUTHORISED CESSATION OF DIRECT DEBIT

18.1 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 Strength & Motion Academy for any unpaid fees, or fees incurred by Strength & Motion Academy.

19.ASSIGNMENT

19.1 Strength & Motion Academy may assign or novate its rights under this Agreement at any time without prior consent.

20.RISK WARNING

20.1 Strength & Motion Academy warns that whilst you are on its premises using its 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:

(a) slipping on wet flooring;

(b) being struck by weights;

(d) engaging in strenuous exercise and activities; or

(e) incorrect use of equipment or Club.

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

20.3 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.

20.4 You acknowledge that whilst every attempt is made to ensure that the recreational services and facilities provided by Strength & Motion Academy 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.

21.ASSIGNMENT

21.1 Strength & Motion Academy may sometimes make changes to this Agreement, including its Club Rules. If Strength & Motion Academy does this, it will try to do this fairly and by giving you a chance to cancel your Membership if you are adversely affected by the change and do not agree to it.

21.2 Strength & Motion Academy will make reasonable efforts to tell you of any change in advance and when it will take effect. Subject to other Terms, the effective date will generally be at least 30 days from the date we tell you about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

21.3 You cannot cancel under this clause in the case of a transfer of your Membership or if we have to make the change to comply with a law or a direction of a relevant authority.

22.MEMBER ACKNOWLEDGEMENT

22.1 It is acknowledged that this is an ongoing membership agreement. The Agreement will continue until either you or Strength & Motion Academy terminates in the way described in these Terms & Conditions. If an automatic debit arrangement is in place, Membership Fees will continue to be debited from your credit card or account until you or Strength & Motion Academy cancels the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the Terms & Conditions, then you may be liable to Strength & Motion Academy for damages for breach of contract.

23.PRIVACY

23.1 When you apply for Membership, you will need to provide Strength & Motion Academy with, and Strength & Motion Academy will have access to, personal information about you, including information relating to your health and finances.

23.2 By signing this Agreement, you consent to Strength & Motion Academy collecting, using, disclosing and dealing with your personal information in accordance with our Privacy Policy.

23.3 You must tell Strength & Motion Academy promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

23.4 You understand that photos, films, videos or audio recordings are sometimes taken of Members for promotional purposes. Your permission will first be obtained if this is done. By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate purpose by Strength & Motion Academy and you assign your rights in any of these materials to Strength & Motion Academy.

23.5 Members and guests are not allowed to take photos and/or videos in Clubs unless specific permission is granted by the Club.

24. NO REPRODUCTION

24.1 You must not film, share or reproduce any Strength and Motion Academy material that is existing, including but not limited to:

(a) electronic material existing on its Website;

(b) hard copy information or material provided to you from events such as seminars or workshops we provide or hold, or in general provided to you at

the Club; or