The fine print.

1.Definitions.

1.1. The following definitions apply in these Terms and Conditions:

• These Terms and Conditions constitute the most recent agreement and supersede any and all previous membership agreements signed by the Member.
• Cancellation: A Member must provide written notice to SUB10 Training and Recovery Ltd or Ezypay indicating their intention to terminate their membership.
• Ezypay: The payment platform used by SUB10 Training and Recovery Ltd to process recurring Direct Debit membership payments.
• Direct Debit: The authorised ongoing payment of membership fees via Ezypay.
• Early Termination: Refers to cancellation of a membership before completion of the Minimum Term.
• Early Termination Fee: The lower of either:
(a) 25% of the remaining payments due from the cancellation date until the end of the Minimum Term; or
(b) $250.00.
• Facilities: The amenities available at SUB10 Training and Recovery Ltd, including but not limited to restrooms, changing rooms, showers, saunas, ice baths and other facilities accessible to Members.
• Foundation Member: A Member holding a Foundation Membership.
• Foundation Membership: The pre-opening membership option which offers reduced fees for as long as the membership remains active with SUB10 Training and Recovery Ltd.
• Member: An individual who has entered into a Membership Agreement with SUB10 Training and Recovery Ltd to access the Facilities and Services offered.
• Membership Agreement: The agreement between you and SUB10 Training and Recovery Ltd regarding your membership.
• Minimum Term: The agreed minimum duration of the Membership Agreement as outlined in the applicable payment plan.
• Written Notice: An email sent to SUB10 Training and Recovery Ltd from your registered email address, or the completion of a cancellation agreement at SUB10 Training and Recovery Ltd.
• Services: The wellness, fitness and recovery offerings available to Members and customers, including but not limited to gym access, strength and cardio training facilities, recovery amenities, group fitness classes, personal training, body composition scanning and any other services provided by SUB10 Training and Recovery Ltd.
• Suspension: A temporary hold on membership and payments requested by a Member for medical, travel or approved personal reasons.

1.2 In these Terms, unless otherwise required by context:

(a) References to clauses, sub-clauses and schedules refer to those contained in these Terms.
(b) Words importing the singular include the plural and vice versa.
(c) Words importing one gender include all genders.
(d) Headings are for convenience only and do not affect interpretation.
(e) References to “including” or similar expressions mean “including without limitation”.
(f) “You” and “Your” refer to the individual applying for a membership with SUB10 Training and Recovery Ltd.

2. Membership

2.1 Membership Nature

Your membership allows you to use the SUB10 Training and Recovery Ltd premises, facilities, equipment and services in accordance with the membership type selected by you. Your membership is personal to you and may not be transferred without the prior written approval of SUB10 Training and Recovery Ltd management.

SUB10 Training and Recovery Ltd reserves the right to offer memberships at different prices. Membership fees and rates are determined having regard to operating costs, membership inclusions and local market conditions.

2.2 Foundation Membership

A Foundation Member retains the value and benefits of their Foundation Membership for the duration of the Membership Agreement, provided the membership remains active with SUB10 Training and Recovery Ltd. If the membership ceases for any reason, the Foundation Membership will be cancelled and cannot be reinstated unless approved by SUB10 Training and Recovery Ltd.

2.3 Membership Pricing and Promotions

SUB10 Training and Recovery Ltd reserves the right to adjust membership prices by providing at least thirty (30) days' written notice.

SUB10 Training and Recovery Ltd reserves the right to cancel, amend or discontinue promotional memberships at its discretion at any time throughout the promotional period.

2.4 Age and Eligibility Requirements

To join SUB10 Training and Recovery Ltd, Members must generally be eighteen (18) years of age or older.

Certain membership types, including Youth and Student memberships, may be available to individuals under eighteen (18) years of age. These memberships must be arranged in person at SUB10 Training and Recovery Ltd with a parent or legal guardian present at the time of sign-up.

Age-specific memberships, including Gold Card, Student and Youth memberships, may require proof of age, valid student identification or other supporting documentation.

Access to certain facilities, including Recovery Rooms and recovery amenities, may be restricted to Members aged eighteen (18) years and over for safety, operational and privacy reasons.

3. Privileges

3.1 24-Hour Member Access

SUB10 Training and Recovery Ltd operates as a 24-hour wellness, fitness and recovery facility.

All Members, except those under eighteen (18) years of age or those on restricted access memberships, may access the facilities twenty-four (24) hours a day, seven (7) days a week using their authorised access key, key tag or approved digital access method.

Members must agree to these Terms and Conditions and/or their Membership Agreement before receiving access credentials.

Each Member must use their own access credentials upon every entry and exit. Access credentials must not be shared with any other person.

SUB10 Training and Recovery Ltd reserves the right to deny entry to any Member who is unable to produce valid access credentials.

Access may be suspended or revoked if a Member:

(a) breaches these Terms and Conditions or their Membership Agreement;
(b) behaves abusively, aggressively or inappropriately towards staff, contractors or other Members;
(c) permits unauthorised access to non-members;
(d) allows entry to non-members outside staffed hours without written approval; or
(e) is in arrears with membership payments.

3.2 Under-18 Access Restrictions

For the safety and wellbeing of young Members, any person under eighteen (18) years of age is prohibited from entering or remaining within the facility between the hours of 10:30pm and 5:00am, seven (7) days per week, including weekends and public holidays.

Failure to comply may result in suspension or termination of membership and/or refusal of future access.

3.3 Unauthorised Guest Access

Only Members are permitted twenty-four (24) hour access to SUB10 Training and Recovery Ltd facilities.

Any Member who brings a non-member into SUB10 Training and Recovery Ltd during unstaffed hours acknowledges and agrees that:

(a) they accept personal responsibility for any injury, loss, damage or theft caused by the non-member;
(b) they may be charged for any costs incurred by SUB10 Training and Recovery Ltd as a result of the non-member's actions;
(c) their membership may be terminated immediately;
(d) a non-compliance fee of $250.00 may be charged; and
(e) they may be prohibited from obtaining future membership with SUB10 Training and Recovery Ltd.

Tailgating detection systems and security cameras operate throughout the facility.

3.4 Additional Services

All memberships include access to the facilities, equipment and amenities specified within the applicable membership type.

Additional fees may apply for certain services, including but not limited to access to the recovery suite, personal training, body composition scans and other specialised wellness services.

The specific services included within your membership will be detailed in your Membership Agreement.

3.5 Membership Suspension

SUB10 Training and Recovery Ltd may suspend your membership where you meet the applicable suspension criteria.

Subject to approval by management, Members may request a suspension for a period not exceeding three (3) months due to travel, medical or exceptional personal circumstances.

SUB10 Training and Recovery Ltd reserves the right to request supporting documentation, including a medical certificate where appropriate.

Suspension requests remain entirely at the discretion of SUB10 Training and Recovery Ltd and may be subject to an administration fee.

4. Membership Fees

4.1 Membership Fees

You agree to pay the fees specified in your Membership Agreement and comply with the Direct Debit requirements administered through Ezypay.

4.2 Payment

You agree to make all payments required under your Membership Agreement for the services included within your membership.

You are responsible for ensuring your payment details remain current and accurate with SUB10 Training and Recovery Ltd and/or Ezypay.

4.3 Administration Fee

A one-time administration fee of $13.00 is payable to Ezypay and will be deducted with your first payment.

4.4 Dishonour Fee

A dishonour fee of $5.00 may be charged where a payment is declined or dishonoured by your financial institution.

Dishonoured payments may result from insufficient funds, expired payment methods or payment restrictions placed on your account.

4.5 Default

If a Direct Debit payment defaults, all outstanding amounts will continue to accrue until paid.

Where your payment method becomes unavailable or inaccessible, Ezypay may notify you in writing and provide fourteen (14) working days to remedy the arrears.

If the arrears remain unresolved, Ezypay may notify a debt collection agency and/or credit reporting agency.

You remain liable for all reasonable collection costs and SUB10 Training and Recovery Ltd reserves the right to suspend access to its facilities until all arrears have been paid.

4.6 Early Cancellation Fee

Cancellation during the Minimum Term will incur an Early Cancellation Fee equal to the lesser of:

(a) twenty-five percent (25%) of the remaining membership balance; or
(b) $250.00.

The membership will remain active until all amounts owing have been paid in full.

4.7 Fee Increases

SUB10 Training and Recovery Ltd reserves the right to adjust membership fees by providing written notice to the email address supplied by you.

Any fee increase will take effect no sooner than thirty (30) days after notice has been provided.

If you do not agree with the fee increase, you must notify SUB10 Training and Recovery Ltd within five (5) business days of receiving notice. Standard cancellation provisions will then apply.

Failure to respond will be deemed acceptance of the revised fees.

5. Cancellation, Termination and Refunds5.1 Termination by SUB10 Training and Recovery Ltd

SUB10 Training and Recovery Ltd may terminate a Member's Membership Agreement where:

(a) a prepaid membership expires and is not renewed;
(b) Direct Debit payments remain in arrears;
(c) a Foundation Membership ceases;
(d) a Member engages in improper, dangerous or harmful conduct;
(e) a Member breaches SUB10 Training and Recovery Ltd policies, rules or procedures; or
(f) a Member causes damage, theft, loss of property or financial loss.

Termination will take effect upon written notice being sent to your last known postal address, phone number or email address.

You remain liable for all financial obligations up to the date of termination.

Any prepaid fees are non-refundable unless otherwise required by law.

5.2 Cancellation Due to Illness, Incapacity or Death

You may cancel your membership and receive a refund of any unused prepaid portion where:

(a) you become permanently ill or physically incapacitated and are unable to use the facilities, supported by written confirmation from a registered medical practitioner; or
(b) you die, with written evidence provided by your estate or legal representative.

SUB10 Training and Recovery Ltd will refund any unused prepaid membership fees in accordance with applicable law.

5.3 Cooling-Off Period

You may cancel your membership within five (5) working days of receiving an electronic copy of this Agreement.

Cancellation must be provided in writing.

Where cancellation occurs within the cooling-off period, membership fees paid will be refunded less the reasonable value of any services already provided.

5.4 Direct Debit Membership Cancellation – Outside Minimum Term

Where your membership is outside the Minimum Term, you may cancel by providing at least seven (7) days' written notice.

Your membership will terminate after the notice period has expired and all outstanding payments have been received.

5.5 Direct Debit Membership Cancellation – During Minimum Term

Where your membership remains within the Minimum Term, you may cancel immediately by paying the applicable Early Cancellation Fee.

Notice of cancellation must be received at least two (2) days prior to your next scheduled debit date.

5.6 Effect of Termination

Upon cancellation or termination, all rights of access to the facilities immediately cease.

• SUB10 Training and Recovery Ltd may deny entry and deactivate access credentials.

• Any outstanding debt becomes immediately due and payable.

• SUB10 Training and Recovery Ltd may deduct any outstanding amounts from refunds otherwise payable to you.

• Where a refund is insufficient to cover outstanding amounts, you remain liable for the balance.

6. Minimum Age

6.1 Minimum Membership Age

All Members of SUB10 Training and Recovery Ltd must be at least fourteen (14) years of age.

Any Member under eighteen (18) years of age must have a parent or legal guardian complete and sign all required consent documentation before membership can commence.

6.2 Additional Requirements for Members Under Sixteen

Members under sixteen (16) years of age must comply with the following requirements:

(a) access is generally restricted to staffed hours unless otherwise approved by management;
(b) a parent or legal guardian must complete and sign all required consent forms;
(c) a parent or legal guardian must complete any required pre-exercise screening questionnaires on behalf of the Member; and
(d) SUB10 Training and Recovery Ltd reserves the right to impose additional conditions or supervision requirements where considered necessary for safety purposes.

6.3 Membership Eligibility Based on Age

Certain membership types are only available to Members aged eighteen (18) years and over.

This includes Recovery memberships, Recovery Room access, sauna access, ice bath access, massage services and any Gym + Recovery membership packages that include unrestricted recovery facility access.

Youth memberships for individuals aged fourteen (14) to seventeen (17) years must be established in person at SUB10 Training and Recovery Ltd with a parent or legal guardian present.

Additional age verification or supporting documentation may be required depending on the membership selected.

7. Unstaffed Hours

SUB10 Training and Recovery Ltd operates twenty-four (24) hours a day, seven (7) days a week.

Members may access the facilities outside staffed hours using their authorised access credentials.

By entering or using the facilities during unstaffed hours, you acknowledge and agree that you do so entirely at your own risk.

If you believe exercising, training or using recovery facilities in an unstaffed environment may present a risk to your health, safety or personal property, you should not use the facilities during those times.

You acknowledge that staffing levels may vary and that emergency assistance may not be immediately available during unstaffed hours.

Members are expected to use facilities responsibly and in accordance with all safety procedures and instructions displayed throughout the premises.

8. Staffed Hours

Staffed hours are displayed at the entrance to the facility, on the SUB10 Training and Recovery Ltd website and through official SUB10 Training and Recovery Ltd social media channels.

SUB10 Training and Recovery Ltd reserves the right to amend staffed hours at any time where operational requirements, public holidays, staffing availability or other circumstances require.

Reasonable efforts will be made to communicate significant changes to staffed hours where practicable.

9. Privacy Policy

By becoming a Member, visiting SUB10 Training and Recovery Ltd, using our website or engaging with any of our services, you acknowledge and consent to the collection, use, storage and disclosure of your personal information as described in this clause.

Your personal information may be used for purposes including but not limited to:

• Processing current or future memberships
• Managing membership accounts and payment obligations
• Reporting defaults to authorised debt collection agencies or credit reporting agencies where permitted by law
• Providing updates regarding SUB10 Training and Recovery Ltd services, facilities and membership offerings
• Communicating operational, safety, membership or facility-related matters
• Transferring or assigning contractual rights and obligations where reasonably required
• Complying with legal, regulatory or contractual obligations

SUB10 Training and Recovery Ltd will take reasonable steps to protect your personal information and ensure it is handled in accordance with applicable privacy laws.

Under the Privacy Act 2020, you have the right to request access to personal information held by SUB10 Training and Recovery Ltd and to request correction of any information that is inaccurate, incomplete or outdated.

Requests relating to personal information should be directed to SUB10 Training and Recovery Ltd using the contact details published on our website.

10. Video Surveillance

SUB10 Training and Recovery Ltd uses video surveillance systems operating twenty-four (24) hours a day, seven (7) days a week for the purposes of safety, security, incident investigation, access monitoring and protection of Members, staff, visitors and property.

By signing or electronically accepting your Membership Agreement, entering the premises or using the facilities, you acknowledge and consent to the use of video surveillance within the facility.

Video surveillance is generally limited to training areas, recovery areas, entrances, exits, reception areas and other common spaces.

Video surveillance is not conducted within bathrooms, toilets, changing rooms or other private areas where individuals would reasonably expect privacy.

Recorded footage may be reviewed and disclosed where reasonably necessary for:

(a) security investigations;
(b) health and safety matters;
(c) incident reporting;
(d) insurance claims;
(e) legal proceedings; or
(f) compliance with lawful requests from regulatory or law enforcement authorities.

Tailgating detection systems and access monitoring technology are in operation throughout the facility.

11. Photography and Filming

11.1 Member Photography and Filming

Photography, videography and filming within SUB10 Training and Recovery Ltd are prohibited without prior approval from management.

Members must not photograph, record or film other Members, visitors, contractors or staff without their express consent.

Any content captured within the facility must not infringe upon the privacy, safety or comfort of others.

SUB10 Training and Recovery Ltd reserves the right to require any unauthorised photographs, videos or recordings to be deleted and may take disciplinary action where this clause is breached.

11.2 Promotional Photography and Filming

SUB10 Training and Recovery Ltd may from time to time conduct photography, videography or filming within the facility for marketing, promotional, educational or business purposes.

Reasonable efforts will be made to notify Members where filming or photography is taking place.

Where appropriate, Members may be asked for consent before identifiable images or footage are used in promotional materials.

By entering the facility, you acknowledge that incidental inclusion in photographs or video footage may occur; however, SUB10 Training and Recovery Ltd will act reasonably to respect privacy concerns where notified.

12. Orientation

New Members are entitled to a complimentary facility orientation designed to assist with the safe and effective use of equipment, facilities and recovery amenities.

The orientation may include:

(a) facility access procedures;
(b) equipment familiarisation;
(c) health and safety information;
(d) recovery facility guidance; and
(e) general membership information.

It is the responsibility of the Member to request an orientation if they wish to receive one.

Failure to request or attend an orientation does not relieve the Member of their responsibility to use equipment and facilities safely.

13. Wi-Fi

SUB10 Training and Recovery Ltd may provide complimentary Wi-Fi access for the convenience of Members and visitors.

Access to the Wi-Fi service is provided on an "as available" basis and is not guaranteed to be uninterrupted, secure or error-free.

Users must comply with all applicable laws and regulations when accessing the internet through the facility's network.

The following activities are strictly prohibited:

(a) illegal downloading or distribution of copyrighted material;
(b) accessing, transmitting or storing unlawful content;
(c) attempting to gain unauthorised access to systems or networks;
(d) activities that may compromise network security; and
(e) viewing or distributing offensive, abusive or inappropriate material.

SUB10 Training and Recovery Ltd reserves the right to monitor network usage, restrict access, change passwords or suspend Wi-Fi services at any time without notice.

14. Equipment

You acknowledge that SUB10 Training and Recovery Ltd purchases or leases equipment from third-party manufacturers, suppliers and lessors and does not manufacture any fitness, wellness or recovery equipment used within its facilities.

SUB10 Training and Recovery Ltd provides wellness, fitness, recovery and recreational services and is not liable for defects in equipment supplied by third-party manufacturers, suppliers or lessors, except to the extent required by applicable law.

Equipment Use and Etiquette

The facility operates on a shared-use, first-come, first-served basis.

Members are expected to use equipment fairly, responsibly and respectfully at all times.

Members must:
(a) follow all instructions relating to equipment use;
(b) use equipment only for its intended purpose;
(c) limit time on high-demand equipment during busy periods;
(d) refrain from reserving or monopolising equipment;
(e) clean equipment after use using the products and cleaning stations provided; and
(f) return equipment to its designated storage location after use.

Specialised equipment used for group fitness classes, coaching sessions or organised programmes may not be available for general use outside scheduled sessions unless approved by SUB10 Training and Recovery Ltd staff.

Instructors, contractors and Members must not remove equipment from the facility without prior approval from management.

Any damage, faults or safety concerns relating to equipment should be reported to staff immediately.

15. Physical Conditions and Medical Advice

You acknowledge and confirm that you are responsible for assessing your own physical condition and suitability for participating in any activities offered by SUB10 Training and Recovery Ltd.

By using the facilities, equipment or services, you represent that you do not knowingly suffer from any medical condition that would make participation unsafe, except where such condition has been appropriately managed and medical advice has been obtained.

SUB10 Training and Recovery Ltd does not provide medical advice and cannot provide medical assessment, diagnosis or treatment in relation to your use of the facilities or services.

Any information provided by staff regarding exercise, recovery, equipment use or general wellbeing is of a general nature only and should not be relied upon as medical advice.

If you have any concerns regarding your health, physical condition or ability to participate safely, you should consult a qualified medical professional before using the facilities or services.

You agree to immediately cease participation and seek appropriate medical assistance if you experience pain, illness, dizziness, discomfort or any other symptoms that may indicate a health concern.

If your physical condition changes during your membership in a way that may affect your ability to safely use the facilities or services, you should notify SUB10 Training and Recovery Ltd as soon as reasonably practicable.

16. Drugs and Alcohol

The possession, consumption, distribution or use of illegal drugs, prohibited substances or alcohol within SUB10 Training and Recovery Ltd is strictly prohibited.

No person may enter or remain on SUB10 Training and Recovery Ltd premises while under the influence of alcohol, illegal drugs or any substance that may impair their judgement, behaviour, safety or ability to use the facilities responsibly.

SUB10 Training and Recovery Ltd reserves the right to refuse entry to, remove from the premises or terminate the membership of any person who appears to be under the influence of drugs or alcohol.

Where appropriate, SUB10 Training and Recovery Ltd may notify emergency services, law enforcement authorities or other relevant agencies.

Any breach of this clause may result in immediate termination of membership without refund.

17. Liability for Property

To the fullest extent permitted by law, SUB10 Training and Recovery Ltd is not responsible for the loss, theft or damage of any personal property belonging to Members, guests or visitors.

This includes, but is not limited to:

(a) clothing;
(b) jewellery;
(c) electronic devices;
(d) wallets and personal belongings;
(e) vehicles and vehicle contents; and
(f) property stored in lockers or left elsewhere within or around the facility.

Members are responsible for securing their own belongings at all times.

Any property brought onto SUB10 Training and Recovery Ltd premises is done so entirely at the owner's risk.

Members are liable for any damage they intentionally or negligently cause to the facilities, equipment, furnishings or property of SUB10 Training and Recovery Ltd.

Where damage occurs, SUB10 Training and Recovery Ltd reserves the right to recover the reasonable costs of repair, replacement or reinstatement from the responsible person.

18. Change of Details

Members must promptly notify SUB10 Training and Recovery Ltd of any changes to information relevant to their membership.

This includes, but is not limited to:

(a) residential or postal address;
(b) email address;
(c) phone number;
(d) emergency contact details;
(e) bank account details; and
(f) payment method information.

SUB10 Training and Recovery Ltd is not responsible for any loss, inconvenience or failure to receive notices, invoices or communications where a Member has failed to maintain accurate and up-to-date contact information.

Any notice sent to the last details provided by the Member will be deemed validly delivered.

19. Code of Conduct

All Members, guests and visitors are expected to contribute to a safe, welcoming and respectful environment.

When using SUB10 Training and Recovery Ltd facilities, you agree to:

(a) treat staff, Members, contractors and visitors with courtesy and respect;
(b) follow all facility rules, policies and safety instructions;
(c) use equipment responsibly and safely;
(d) clean equipment after use;
(e) return all equipment to its designated place after use;
(f) respect the privacy and wellbeing of others; and
(g) conduct yourself in a manner that does not negatively impact the experience of other Members.

SUB10 Training and Recovery Ltd reserves the right to suspend or terminate any membership where behaviour is considered abusive, threatening, intimidating, unsafe, discriminatory or otherwise inappropriate.

Gang Affiliations

Gang affiliation and gang-related activity are strictly prohibited within SUB10 Training and Recovery Ltd.

This includes the display of gang patches, gang colours, gang insignia, gang-related intimidation or behaviour reasonably associated with gang activity.

Cultural tattoos, cultural dress and lawful cultural expressions are not prohibited by this clause.

Any breach of this provision may result in immediate termination of membership and removal from the premises.

20. Entire Agreement and Enforcement

You acknowledge that SUB10 Training and Recovery Ltd has not made any representation, warranty or promise upon which you have relied other than those expressly contained within the Membership Agreement and these Terms and Conditions.

These Terms and Conditions, together with the Membership Agreement and any documents expressly incorporated by reference, constitute the entire agreement between you and SUB10 Training and Recovery Ltd.

They replace and supersede any prior oral discussions, understandings, representations, negotiations or agreements relating to your membership.

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

A failure by SUB10 Training and Recovery Ltd to enforce any right or provision under these Terms and Conditions does not constitute a waiver of that right or provision.

Acknowledgement and Acceptance

By signing or electronically accepting this Agreement, you acknowledge that:

(a) you have read and understood these Terms and Conditions;
(b) you agree to be bound by them;
(c) you understand that participation in fitness, wellness and recovery activities involves inherent risks; and
(d) you voluntarily participate in physical activity, exercise, recovery services and use of the facilities at your own risk.

By proceeding with your membership, you confirm your acceptance of these Terms and Conditions.