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Terms & Conditions

These Terms and Conditions, together with the Customer Form, the Pre-Qualification Form at Appendix A and the Waiver at Appendix B, set out the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Customer, you, your) will obtain products and services, including the Sessions, from FitSlim Pty Ltd ABN 68 634 034 861 (FitSlim, we, us, our).

We may change these Terms and Conditions at any time on notice to you, and your ordering of the Sessions or use of the Studio
following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to
these Terms and Conditions will only apply to Customer Forms entered into after the change occurs. We may increase Fees in
accordance with clause 4.3 below.

DISCLAIMER

While we will use our best endeavours to ensure the Sessions are beneficial to you (and any Goods you may purchase from us), we make no warranties that the Sessions will bring about any particular results or outcomes for you, and you acknowledge and agree that participation in the Sessions or use of the Goods does not guarantee any particular results or outcomes.

1. CUSTOMER FORM, THIS AGREEMENT

(a) These Terms and Conditions will apply to all the Customer’s dealings with FitSlim, including being incorporated in all agreements or quotations under which FitSlim is to provide services to the Customer or the Customer is to access the Studio (each a Customer Form) together with any additional terms included in such a Customer Form (provided such additional terms are recorded in writing).

(b) The Customer will be taken to have accepted this Agreement if the Customer accepts a Customer Form, or if the Customer enters the Studio, or orders, accepts or pays for any Sessions provided by FitSlim, after receiving or becoming aware of this Agreement or these Terms and Conditions.

2. CUSTOMER’S OBLIGATIONS

2.1 CAPACITY AND AGE

(a) The Customer warrants that they

(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; or;

(ii) are the parent or guardian of the Customer who consents to this Agreement on behalf of the Customer.

(a) The Customer acknowledges and agrees that they must be at least 16 years of age to participate in any Sessions.

2.2 PRE-ACTIVITY OBLIGATIONS

The Customer warrants that, on or prior to the Start Date, they:

(a) will complete the Pre-Qualification Form, and;

(i) if they answer ‘yes’ to any of the questions contained in the Pre-Qualification Form, obtain a doctor’s certificate stating that they are allowed to participate in the Sessions; or

(ii) if they answer ‘yes’ to any of the questions contained in the Pre-Qualification Form and cannot obtain a doctor’s certificate stating that they are allowed to participate in the Sessions, agree that they participate in the Sessions at their own risk, if permitted in writing to do so by FitSlim; and

(b) accept any Third Party Terms, in accordance with clause 6.

2.3 GENERAL

(a) The Customer must provide FitSlim with all documentation, information and assistance reasonably required for FitSlim to provide the Sessions.

(b) The Customer must participate in any briefings and/or introductions as notified by FitSlim prior to engaging in any Sessions.

(c) If you are the Customer’s parent or guardian and the Customer is under the age of 18, you must ensure that the Customer complies with these Terms and Conditions, and agree to the terms of this Agreement in respect of the Customer.

2.4 WEIGHT

(a) There is a strict weight limit for use of the Machine and participation in a Session, which is determined by FitSlim from time to time in our absolute discretion.

(b) FitSlim may refuse your participation in a Session, or your access to the Studio or a Machine, if it reasonably believes that your weight is in excess of the current weight limit. If FitSlim refuses your participation in accordance with this clause, and you have already paid Fees in the respect of Sessions, FitSlim will provide you with a refund for those Fees.

(c) As at the date these Terms and Conditions were drafted, the weight limit is 110kg.

2.5 INSTRUCTIONS AND SAFETY

The Customer warrants they they:

(a) will undertake an instructional consultation with FitSlim’s Personnel prior to using the Machine;

(b) will comply with any safety guidelines, instructions and/or rules that FitSlim’s Personnel provide to them in relation to the Studio or the Machine;

(c) will stop participating in any Sessions, and alert FitSlim or its Personnel, if the Customer has any concerns about their health or safety or if they start feeling dizzy, faint, unwell or feel any unusual pain during the Sessions; and

(d) will be responsible for their own safety and that of any person under the age of 18 years for whom they have signed.

2.6 HEALTH AND CONDITION OF THE CUSTOMER

(a) The Customer warrants that they:

(i) will make sure they leave at least 24 hours between each Session;

(ii) are not pregnant and do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Sessions (Condition);

(iii) will notify FitSlim immediately if they develop a Condition;

(iv) are aware and agree that if they have a Condition, FitSlim might refuse their participation in some and/or all Sessions;

(v) are aware that the Sessions, even when no accident occurs, may involve risk to health;

(vi) will not participate in the Sessions under the influence of drugs, alcohol or illicit substances;

(vii) will not participate in the Sessions, if ill, injured or feeling unwell; and

(viii) will warm-up prior to participating in the Sessions.

(b) FitSlim may refuse the Customer’s access to the Studio or to a Machine at any time, if FitSlim considers that the Customer has a Condition, or is otherwise unfit to participate in a Session, in FitSlim’s absolute discretion.

2.7 STUDIO USE

The Customer must:

(a) cover any surfaces at the Studio with a clean towel during their use, as directed by FitSlim;

(b) not use or engage in inappropriate, abusive, harassing, offensive or threatening language or behaviour while at the Studio;

(c) not act in a way that is likely to bring FitSlim into disrepute while at the Studio;

(d) at all times wear clean clothing appropriate for the Sessions they are undertaking and/or as instructed by FitSlim from time to time (jeans, work clothes, boots, or clothing which contains offensive or inappropriate images are not permitted);

(e) not train shirtless, unless expressly permitted by FitSlim;

(f) not enter the Studio under the influence of drugs or alcohol;

(g) not smoke, consume alcohol, beverages not approved by FitSlim (not including water), drugs, foods, and/or chew gum at the Studio; and

(h) not use the equipment and/or facilities without seeking instructions from FitSlim if the Customer is not familiar with the equipment and/or facilities.

2.8 MACHINE USE

You must use the Machine, in accordance with the following conditions.

(a) You must only use the Machine in accordance with the instructions of FitSlim Personnel.

(b) You must take reasonable care not to damage the Machine.

(c) Before each use of the Machine, you must evaluate whether your current skills and physical condition allow you to use the Machine in a safe manner.

(d) If you believe using the Machine will not be safe, you must inform FitSlim Personnel of that fact and not use the Machine.

(e) If you sustain an injury or other condition that could be exacerbated if you do not stop exercising or using the Machine, you must immediately stop your Session and seek medical attention.

(f) You acknowledge and agree that if you cause damage to the Machine, you will be required to pay reasonable replacement or repair costs to FitSlim.

2.9 POSSESSIONS

The Customer is responsible for their personal possessions while at the Studio. FitSlim will not be liable if any of the Customer’s possessions are lost and/or stolen at the Studio.

3. SESSIONS, THE STUDIO, BOOKING AND AVAILABILITY

3.1 SESSION TIMES

The Customer acknowledges and agrees that:

(a) unless directed otherwise, they are required to book the times for their Sessions in accordance with the ‘How to Book’ Process set out in the Customer Form; and

(b) if the Customer books in a time for a Session in accordance with clause 3.1(a) and FitSlim accepts this booking (Session Time), and the Customer fails to attend the Studio at the Session Time, one Session will be forfeited by the Customer and FitSlim will not be required to reschedule or offer any forfeited Sessions again.

3.2 AVAILABILITY

(a) While FitSlim will endeavour to ensure that Sessions and Machines are available during the advertised opening hours, Sessions and Machines may be full on occasion, or unavailable, and FitSlim will not be liable to the Customer in such circumstances.

(b) FitSlim reserves the right to change the times during which Sessions are offered at its absolute discretion on written notice to the Customer.

(c) The Customer acknowledges that during public holidays and over the Christmas and New Year break, FitSlim Sessions are reduced in frequency and/or unavailable.

3.3 MAXIMIM NUMBER OF SESSIONS PER WEEK

(a) FitSlim may, at any time on notice to you, establish a maximum number of Sessions you are permitted to attend per week (Maximum Number of Sessions per Week).

(b) FitSlim may refuse your Session Time, or your entry into the Studio, if, in a given week, you have already attended the Maximum Number of Sessions per Week.

(c) As at the date of these Terms and Conditions were drafted, the Maximum Number of Sessions per Week is three (3).

(d) FitSlim may waive the Maximum Number of Sessions per Week for any particular customer, in its absolute discretion.

3.4 SESSION CREDIT EXPIRY

You acknowledge and agree that your credit for purchased Sessions will expire on the date three (3) years after the date of payment for those Sessions, and that after this date you will have forfeited the relevant Sessions, in accordance with clause 3.1, and we will not refund you any of the fees paid for those Sessions.

3.5 CANCELLATION OF A SESSION BY US

We reserve the right to cancel your Session Time for any reason and will notify you of this as soon as possible. Where payment for a Session cancelled by us has already been debited, we will provide you with a credit for that Session, and you may arrange a new Session Time in accordance with clause 3.1.

3.6 CANCELLATION OF A SESSION BY YOU

(a) If you request to cancel or reschedule a Session:

(i) 24 hours or more prior to the relevant Session Time, we will provide you with credit for the relevant Session, and you may arrange a new Session Time in accordance with clause 3.1; and

(ii) less than 24 hours prior to the relevant Session Time, you will have forfeited that Session in accordance with clause 3.1, and we will not refund you any of the fees paid for the Session, or provide you with credit for that Session.

(b) You acknowledge and agree that this clause 3.6 applies to Free Trial Sessions, and that if you cancel or reschedule a Free Trial Session, with less than 24 hours’ notice, or do not attend a Free Trial Session, then you will forfeit that Session credit and will not be entitled to another Free Trial Session.

3.7 NO GUARANTEE OF OUTCOME

While we will use our best endeavours to ensure the Sessions are beneficial to you, we make no warranties that the Sessions will bring about any particular results or outcomes for you, and you acknowledge and agree that participation in the Sessions does not guarantee any particular results or outcomes.

4. PAYMENT

4.1 FEES

The Customer must pay the Fees to FitSlim, in the amounts and at the times set out in the Customer Form or as otherwise agreed in writing.

4.2 UPFRONT PAYMENT

If the Fees are due on the Start Date, or otherwise ‘Upfront’, the Customer must pay for all goods and services upfront at the time of booking using the payment method specified in the Customer Form. Paying using AfterPay, in accordance with AfterPay’s terms and conditions, will satisfy this requirement in clause 4.2, notwithstanding that you won’t make all payments upfront to AfterPay.

4.3 FEE INCREASES

We reserve the right to increase the Fees at any time. Increased Fees will only apply to ] Customer Forms entered into after the change occurs.

4.4 INVOICES

If FitSlim issues an invoice to the Customer for Fees, payment must be made by the time(s) specified in such invoice.

4.5 GSTUnless otherwise indicated, amounts stated in a Customer Form do not include GST.

4.6 DEBT RECOVERY

If you do not pay a Fee, or any other amount due in connection with this Agreement on or before the date that it is due (including fees for Goods):

(a) FitSlim may seek to recover the amount due by referring the matter to debt collectors; and

(b) you must reimburse FitSlim for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.

4.7 SUSPENSION OF SESSIONS

If the Customer does not pay an amount due in connection with this Agreement on or before the date it is due, FitSlim may immediately cease providing the Sessions to the Customer, and refuse the Customer entry to the Studio, until the amount due is paid.

5. TRANSFER OF MEMBERSHIP

(a) You cannot transfer your Sessions to any other person, without FitSlim’s prior written consent.

(b) If we consent to your transfer of a Session to another person (Transferee

(i) we may require you to pay a transfer fee, in an amount reasonably determined by us;

(ii) the Transferee must enter into this Agreement with FitSlim; and

(iii) the Transferee must not be a person who has previously failed to pay Fees to FitSlim.

6. THIRD PARTY GOODS AND SERVICES

(a) Any service provided to you that requires FitSlim to acquire goods and services supplied by a third party on behalf of the Customer may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies, and including the terms and conditions of AfterPay, if you pay Fees using AfterPay, available here: https://www.afterpay.com/en-AU/terms-of-service

(b) The Customer agrees to familiarise itself with any Third Party Terms applicable to any such goods and services and, by instructing FitSlim to acquire the goods or services on the Customer’s behalf, the Customer will be taken to have agreed to such Third Party Terms.

7. SALES OF GOODS

7.1 SALE OF GOODS IN STORE

You may choose to purchase goods that we offer for sale at the Studio (Goods).

7.2 PAYMENT

(a) (Payment obligations) The amount payable for Goods is as agreed in store or as otherwise agreed between us at the time of sale. Unless otherwise agreed in writing, you must pay for all Goods on or prior to taking the Goods from us.

(b) (GST) Unless otherwise indicated, stated prices for Goods in store do include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

(c) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

7.3 WHEN YOU WILL OWN AND BE LIABLE FOR THE GOODS

(a) Until the price of Goods is paid in full, title in those Goods is retained by us.

(b) Risk in the Goods will pass to you on payment for the Goods, or on delivery, whichever is earlier.

(c) If you fail to take the Goods after you have completed a purchase, we may, at our option, keep or resell the Goods, provided that we provide you with a full refund (excluding anycredit card surcharges or other transaction fees).7.4 RETURNS AND EXCHANGES

(a) We do not offer change of mind returns.

(b) We will provide a full refund of the price paid for a Good if we determine that it is faulty, in accordance with clause 7.4(c).

(c) The following process applies to any Good you believe to be faulty:

(i) If you believe your Good is faulty, please contact us in Studio, or using the details provided on our Website, with a full description of the fault (including images).

(ii) If we determine that your Good may be faulty, we will request that you send it back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Good. We reserve the right to further inspection before deeming a Good faulty.

(iii) If we determine in our reasonable opinion that the Good is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s (or our) instructions, or failure to take reasonable care, we will refuse your return and send the Good back to you at your cost (unless you request not to receive it back).

(iv) If we determine in our reasonable opinion that the Good is faulty, and: A. that the fault is minor, then we will repair or replace the Good within a reasonable time, or provide you with a refund (including shipping costs), at our discretion; or B. that the fault is major, then we will provide you with one of the following, at your discretion:

1) a refund (including shipping costs);

2) a replacement; or

3) a partial refund of the drop in the Good’s value caused by the fault (if you keep the Good).

(v) All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request in writing.

(vi) If you fail to comply with this clause 7.4(c), we reserve the right to refuse your request for a remedy in relation to the relevant Good, in whole or in part (for example, by issuing a partial refund or no refund at all).

(vii) Nothing in this clause 7.4 is intended to limit or otherwise affect the operation of any manufacturers’ warranties you may be entitled to or any of your rights which cannot be excluded under applicable law.

7.5 INTELLECTUAL PROPERTY

We retain all Intellectual Property Rights in the design of the Goods, including the labelling and packaging, and those rights are owned or licensed by us. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Goods.

7.6 THIRD PARTY SUPPLIERS

(a) We may, without further notice to or permission from you:

(i) outsource any part of performing any services related to providing the Goods, including delivery of your Goods; or

(ii) procure materials and Goods from third party suppliers.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to you, or are negligent in providing services or Goods.

7.7 NO GUARANTEE OF OUTCOMEWhile

we will use our best endeavours to ensure the Goods are beneficial to you, we make no warranties that the Goods will bring about any particular results or outcomes for you, and you acknowledge and agree that use of the Goods does not guarantee any particular results or outcomes.

8. LIABILITY AND INDEMNITIES

8.1 NO RELIANCE

The Customer acknowledges that in deciding to pay for the Sessions and in entering into this Agreement the Customer has not relied on the skill or judgment of FitSlim and that the Customer has satisfied itself as to the condition and suitability of the Studio and/or Sessions and their fitness for the Customer’s purpose.

8.2 LIABILITY

To the maximum extent permitted under applicable law, and without limiting any of the Customer’s rights under the Competition and Consumer Act 2010 (Cth), FitSlim’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

(a) is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and

(b) is limited, insofar as it concerns other liability, to the total money paid to FitSlim under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).

8.3 RISK

(a) Participating in the Sessions involves the potential for injury and the Customer is participating in any Sessions at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, and death.

(b) The Customer acknowledges that there will be times where the Customer will be unsupervised by any FitSlim Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Customer’s unsupervised use of the Studio, unless there is reckless disregard or gross negligence on FitSlim’s behalf.

(c) The Customer acknowledges that while FitSlim uses its best endeavours to ensure that the Studio and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Studio users. The Customer agrees that FitSlim will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on FitSlim’s behalf.

(d) The Customer will bear all risk of loss or destruction of, or damage to, any equipment, including the Machine, and/or other property and/or people arising out of or contributed to by their participation in the Sessions.

(e) FitSlim is not liable to any person for any loss of, or damage to, personal property that is left unattended in the Studio or stolen from the Studio or otherwise lost during a Customer’s Session.

8.4 INDEMNITY

The Customer indemnifies FitSlim from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:

(a) any breach of this Agreement by the Customer;

(b) any negligent, fraudulent or criminal act or omission of the Customer; or

(e) an event, where the circumstances give rise to a claim, that was caused or contributed to by the Customer.

9. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Customer may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

10. PRIVACY / PHOTOS AND VIDEOS / SURVEILLANCE

10.1 PRIVACY

(a) We collect personal information about you in the course of providing you with the Sessions, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We collect sensitive health information about you during the course of providing you with the Services. We only collect the information that you choose to provide us in order to assess you and provide you with the Services.

(c) Our Privacy Policy contains more information about how we use, disclose and store your information and details about how you can access and correct your personal information.

(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

10.2 PHOTOS AND VIDEOS

(a) You consent to FitSlim taking images and recording video footage of you during your attendance at the Studio (in accordance with our Privacy Policy) to promote the Sessions and the Studio on social media (including Instagram), on FitSlim’s website and on other websites or platforms from time to time.

(b) Please notify us at the Studio if you do not wish for footage or images of you to be taken or kept by us.

10.3 SURVEILLANCE

You acknowledge and agree that we carry out continuous, ongoing camera surveillance on and around the Studio, for your safety and security.
11. CANCELLATION

11.1 BY COMPANY

Either party may terminate this Agreement in whole or in part immediately by written notice to the other party if that other party is in breach of any term of this Agreement.

11.2 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
12. DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing rea

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the\ notice, any party to the dispute may take legal proceedings to resolve the dispute.sonable details of the dispute and requiring its resolution under this clause.13. NOTICES

(d) A notice or other communication to a party under this Agreement must be:

(i) in writing and in English; and (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(e) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent( (ii) when replied to by the other party,; or whichever is earlier

14. GENERAL

14.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

14.2 AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

14.3 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

14.4 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void

or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

14.5 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

14.6 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

14.7 COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

14.8 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

14.9 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

14.10 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation;

(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

15. DEFINITIONS

In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings

Term Customer, you, your Customer Form Fees Goods Meaning

has the meaning set out in the Customer Form and includes the parent or guardian of the Customer if the Customer is under 18 years of age. has the meaning set out in clause 1(a)of these Terms and Conditions. has the meaning set out in the Customer Form. has the meaning given in clause

15.1.Intellectual Property

Rights Laws Personnel Pre-Qualification Form Sessions Start Date Studio Third Party Terms

All copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential information and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world. mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Sessions are performed or received and includes any industry codes of conduct. means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents. means the Pre-Qualification Form set out in Appendix A, which the Customer must complete and sign before participating in any Sessions. means the Sessions listed in the Customer Form to be provided to the Customer by FitSlim. has the meaning set out in the Customer Form. means the venue specified in the Customer Form. has the meaning set out in clause 5.

16. INTERPRETATION

In this Agreement, the following rules of interpretation apply:

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (f) (this Agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or an

nexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h) (currency) a reference to “$” or “dollar” is to Australian currency;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision