Terms & Conditions

These terms and conditions (Terms) together with the membership application form, and the Policies form the

membership agreement between Lisa O Pty Ltd [ABN 96 650 151 983] (trading as Lotus Movement) (Lotus) and

You.

By becoming a Member, you confirm that you have read and agree to be bound by these Terms.

1. Voluntary participation

a. I acknowledge, agree and understand that my participation in any activity at, and my use of any facilities

at the Lotus Premises or arranged by Lotus are or will be:

i. entirely voluntary in nature and at my own risk;

ii. for recreational or competitive purposes;

iii. associated with risk of personal injury;

iv. carried out in a proper and orderly manner;

v. in accordance with the permitted use of the Lotus Premises.

2. Conduct on premises

a. Whilst on the Lotus Premises under the care, control or operation of the Lotus Representatives, I agree

to:

i. act as would a reasonably prudent person when engaging in recreational activities, and to obey

and follow the instructions, rules and regulations offered at any time by Lotus’s agents,

employees and associates;

ii. use all facilities and equipment the Lotus Premises or arranged by Lotus in a reasonable

manner and for their intended purpose(s);

iii. not participate in any recreational activity offered the Lotus Premises or arranged by

Lotus whilst intoxicated or under the influence of alcohol or drugs;

iv. notify Representatives of Lotus immediately of any incident or accident involving

personal injury or illness experienced during the course of any recreational activity at the Lotus

Premises;

v. check in to all classes or otherwise register my attendance at the Lotus Premises or any activity

arranged by Lotus every time I attend, in the manner advised by Lotus or its Representatives

from time to time.;

vi. an employee or agent of Lotus arranging medical treatment and emergency evacuation

service(s), at my own cost, if I suffer injury or illness, as shall be considered necessary for my

safety.

vii. I declare that I do not suffer from any illness, ailment or incapacity that may hinder or

affect my ability to exercise or which may prevent me from participating in any activities

arranged by Lotus or undertaken at the Lotus Premises.

3. General waiver

a. I acknowledge and accept:

i. that the enjoyment of any activity the Lotus Premises or arranged by Lotus is derived in part

from risks inherent in the activity which may exceed those commonly accepted at home or at

work;

ii. all the inherent risks of my activity, and the possibility of personal injury, loss or property

damage resulting therefrom;

iii. Lotus and its employees, agents or contractors make no representations, promises or

warranties about the suitability or fitness for purpose of facilities or equipment at the Lotus

Premises or in respect of any activities arranged by Lotus.

b. I waive all claims, which might arise against, and agree not to sue, Lotus and its employees, agents or contractors for:

i. any such injury loss or damage (including illness and death), which might be sustained by me

as a result of my participation in any activity at the Lotus Premises or arranged by Lotus;

ii. breach of contract (including any express or implied warranty that any recreational services will

be provided with due care and skill);

iii. negligence arising from, or in connection with, my attendance at and use of facilities

under the care, control and management of Lotus, its employees, agents or contractors

including the Lotus Premises.

4. Waiver in relation to recreational services to which the Australian Consumer Law applies

a. I acknowledge that:

i. it is possible for a supplier of recreational services to ask me to agree that the statutory

guarantees under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition

and Consumer Act 2010 (Cth), do not apply to me;

ii. I agree to waive my right to sue Lotus (should Lotus be deemed a supplier for the purposes of

the ACL) because the recreational services (as that term is defined in the Competition and

Consumer Act 2010 (Cth)) were not performed in accordance with the statutory guarantees, in

particular the guarantees as to due care and skill and as to fitness for a particular purpose, are

excluded;

b. the waiver of my rights in clause 8(b) is limited to liability for:

i. physical or mental injury (including the aggravation, acceleration, or recurrence of such injury)

to me;

ii. the coming into existence, the aggravation, acceleration or recurrence of any other condition,

circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs;

iii. that is or may be harmful or disadvantageous to me;

iv. that may result in harm or disadvantage to me.

c. The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of Lotus in supplying any recreational services (in the event it is deemed to be a supplier).

5. Risk warning pursuant to section 5M of the Civil Liability Act 2002 (NSW)

a. I acknowledge, agree and understand that:

i. the types of activities undertaken at the Lotus Premises or arranged by Lotus carry significant

risk of personal injury include (but are not limited to):

1. exercise classes;

2. weightlifting;

3. free weights use;

4. cardiovascular endurance activities;

5. pilates;

6. infra-red sauna;

7. gymnastics;

8. calisthenics; and

9. compression recovery treatments.

b. during my participation in any activity at the Lotus Premises, or arranged by Lotus, certain risks or dangers may occur which can include (but are not limited to):

i. physical exertion which I am not accustomed to;

ii. injury or overexertion from incorrect technique;

iii. falls;

iv. all kinds of bodily injuries and diseases;

v. heart rate elevation;

vi. hazards of undertaking physical activities with free and fixed weighted equipment either

alone or with other participants, which by its nature is designed to put stresses on your

muscular, skeletal, cardiovascular systems, including (but not limited to):

1. colliding or impacting with other participants or equipment;

2. pinch-point type injuries;

3. dropping or handling weighted equipment;

4. injury to soft tissue;

5. broken bones or cartilage;

vii. other foreseeable risks related to exercise activities and other activities in, on or around

a gymnasium environment.

viii. possibility of accident or illness requiring assistance of medical services.

c. warning has been given to me about the risk of suffering personal injury or death arising from or in connection with my participation in activities arranged by Lotus, and my use of, the Lotus Premises including its activities;

d. the assumption of risk and warning in clause 2 constitutes a ‘risk warning’ in respect of all activities the Lotus Premises or arranged by Lotus for the purposes of section 5M of the Civil Liability Act 2002

(NSW).

6. Release and indemnity

a. To the fullest extent permitted by law, I:

i. release and will release Lotus from all claims (including legal costs and expenses on a full

indemnity basis) that I may have or may have had but for this release arising from or in

connection with my use of the Lotus Premises or any activity arranged by Lotus;

ii. indemnify and will keep indemnified Lotus in respect of any claim (including legal costs and

expenses on a full indemnity basis):

1. arising from or in connection with my participation in any activities at, or use of, the

Lotus Premises;

2. by or against Lotus in respect of any injury loss or damage to person or property arising

out of or in connection with my failure to comply with any rules and/or directions from

Lotus, its employees, agents or contractors regarding use of Lotus’s facilities including

the Lotus Premises or any activity arranged by Lotus.

b. The releases and indemnities in clause 10 shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of Lotus.

c. To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations and liabilities arising under or in relation to my involvement with Lotus at the Lotus Premises or any activity arranged by Lotus despite how such rights, obligations or liabilities are sought to be enforced.

7. Privacy Disclosure

a. I acknowledge and am informed that:

i. Lotus located at 1/18 Bonnal Rd Erina NSW 2250 will collect personal information about me if I

sign these Terms;

ii. I can gain access to, and seek correction of, this personal information by contacting Lotus on:

[email protected]

b. the purpose for the collection of this personal information is for the use in the event of an emergency in which I require urgent medical attention or if Lotus requires me to release or indemnify it under the terms of these Terms;

i. the provision of this personal information is entirely voluntary however if I do not provide this

personal information, Lotus may disallow my participation in any activity arranged by Lotus, and/or use of the Lotus Premises;

c. Lotus may disclose this personal information to the following intended recipients:

i. persons or organisations which provide medical treatment in the event of an emergency in which I require urgent medical attention;

ii. Lotus’s legal advisors for the purpose of obtaining legal advice;

iii. service providers who provide software or other services to enable us to provide the

Lotus movement services and operate our business.

d. I hereby irrevocably consent to and authorise Lotus to:

i. use and reproduce any and all photographs and videos taken of me for any purpose

whatsoever at Lotus, without further compensation to me; and

ii. retain all such photographs and videos, including negatives or digital files, and the like as the

sole and exclusive property of Lotus.

e. In entering this agreement, I am not relying on any representations made by or on behalf of Lotus, its employees, agents or contractors but do so of my own free will.

8. Membership

a. Your membership period is set out in your membership details which you can access in the Lotus

Movement App, and may be terminated or changed in accordance with these Terms..

b. Your membership type is set out in your membership details which you can access in the Lotus

Movement App, and may be changed in accordance with these Terms.

c. You agree to comply with our policies and rules, and the policies applicable to your membership type.

d. The timetable and staffed hours will be displayed in the Lotus Movement App and will be updated from time to time by Lotus in its sole discretion.

e. You must download the Lotus Movement App and use this to check in to classes and manage your membership.

9. Parental/Guardian Consent, Acceptance of Terms, and Liability

The following terms apply if you are accepting these Terms on behalf of a minor for whom you have parental responsibility.

a. by accepting these Terms for a minor (child under the age of 18) for whom I hereby warrant I have

parent responsibility for, I, hereby:

b. acknowledge that I have read, understood, and agreed to all the terms and conditions of these Terms on behalf of the minor and warrant that I have the legal authority to do so;

c. accept and understand that the use of the facilities, equipment at the Lotus Premises and participation

in activities arranged by Lotus carries the risks outlined in these Terms; and I fully assume these risks on behalf of the minor.

d. agree that I will remain fully responsible and liable for the minor’s actions, behavior, and compliance

with the rules and policies at all times while attending the Lotus Premises or activities arranged by

Lotus,

e. agree to indemnify and hold Lotus, its officer and employees harmless from any claims, damages, or liabilities arising from the minor’s use of the facilities at the Lotus Premises or participation in activities arranged by Lotus; and

f. I understand that my responsibility and liability under this clause continues for so long as the relevant minor attends the Lotus Premises and or activities arranged by Lotus.

10. Membership Terms

a. If you are a Member and under 18 years of age, you must not attend the Lotus Premises or any activity arranged by Lotus unless you are accompanied and supervised by a person who:

i. is a member of Lotus with the same membership benefits; and

ii. is 18 years or older.

b. You must download the Lotus Movement App and create a profile using this application, via which you will be required to:

i. Register for and check-in to all classes and activities at the Lotus Premises or arranged by Lotus;

ii. arrange payment of your membership Fees, as advised to you at the sign of signing up and as

updated or changed by Lotus from time to time on reasonable prior notice

iii. suspend or cancel your membership, which requires the following notice periods:

1. cancellation: one week notice prior to your next billing date;

2. suspension: one week notice prior to your next billing date;

3. membership downgrade: one week notice prior to your next billing date;

4. membership upgrade: immediate, subject to a pro-rata charge in respect of any remaining days in the then-current billing period.

c. Notice of membership cancellation, suspension or downgrade must be made via the Lotus Movement App and no other notice will be taken as valid.

d. You agree that you will be required to pay all Fees using the merchant facility made available by the Lotus Movement Application. You accept that this merchant facility is operated by a third party

payments facilitator or billing agent, not Lotus, and that your payments details will be handled by that third party in accordance with its operational policies and procedures.

e. You agree that if your Fee payment is not able to be taken by our third party merchant facility or billing agent, you will be charged a failed payment fee.

f. Your membership will be suspended if your Fees are unpaid, until such time as all Fees have been

paid.

g. You agree that you will take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely, including by asking a Lotus Representative for assistance if required.

h. You agree that we can refuse you entry to the Lotus Premises or any activity arranged by Lotus, or

cancel your membership immediately and in our sole discretion, including if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly or otherwise do not comply with the policies of Lotus from time to time.

i. You agree to follow any reasonable direction of a Lotus Representative relating to health and safety or

any other matter.

11. Creche

If your membership includes use of the creche facility, the following terms apply.

a. The creche facility is for use of children between the ages of [xx] and [xx].

b. The parent or guardian of the child in creche must remain in the Lotus Premises at all times while their child is in the creche.

c. Children with symptoms of illness (e.g., fever, vomiting, contagious conditions) are not permitted in the crèche and may be refused entry at the absolute discretion of Lotus Representatives.

d. The creche is available during the staffed creche hours as advised to Members from time to time.

e. You agree that you will abide by any maximum creche session length or session time at the time of either booking the creche session, or as advised by a Lotus Representative from time to time.

f. Creche bookings are on an as-available basis, and at no time will Lotus accept children in the creche who are not booked in.

g. You accept and agree that:

i. although the creche is staffed, the ultimate responsibility for the child rests with the parent/guardian, who must be contactable and available if needed.

ii. only the parent/guardian who dropped off the child can pick up the child from the creche.

iii. parents must provide up-to-date emergency contact information whenever a child is left

in the creche and you agree that we can contact that person and require them to collect a child

if they are left in the creche if their parent does not remain in the Lotus Premises while the child

is in the creche.

iv. You acknowledge that while reasonable care will be taken by Lotus Representatives,

Lotus nor Lotus Representatives are not liable for any accidents, injuries, or incidents that occur

while the child is in the crèche.

v. you assume all risks associated with leaving your child in the crèche, including potential

exposure to illnesses or injuries from other children.

vi. any child exhibiting disruptive, dangerous, or unmanageable behavior may be removed

from the crèche, and the parent/guardian will be asked to collect the child immediately.

vii. in the event of a medical emergency, Lotus Representatives will make reasonable

efforts to contact the parent/guardian and that, if necessary, emergency services may be called.

viii. Lotus will not be held responsible for any medical treatment administered by

professionals.

ix. you will disclose any relevant medical conditions, allergies, or special needs of the child

and provide necessary medications or instructions for emergency care.

x. Lotus and Lotus Representatives are not responsible for any loss or damage to personal

belongings (e.g., toys, clothes, bags) brought to the crèche.

xi. you must have a creche membership in order to make a booking at the creche.

12. Miscellaneous

a. I confirm that I have read and understood this agreement , and it shall be binding upon my heirs,

executors, assigns and next of kin.

b. I acknowledge that my acceptance of this Agreement is a condition of my participation in any activity at, and use of any facilities at, the Lotus Premises or arranged by Lotus.

c. I understand that if I do not accept the terms of this Agreement then I am required to immediately leave the Lotus Premises and cease any activity arranged by Lotus.

d. Use of the Lotus Premises is strictly for members only.

e. During staffed hours, there may be instances where casual entry is allowed for a fee, whereby

individual’s identity details and contact information are captured for our records.

f. Lotus, in its sole discretion may from time to time alter the Lotus Premises opening hours, timetable, facilities (including relocation), items of equipment or Fees.

13. Definitions

In these Terms, unless otherwise defined, capitalised words have the following meanings:

Lotus Premises means any physical premises from which Lotus offers its services, from time to time.

Lotus Representative means any contractor, members of staff, director or agent of Lotus

Fees means those membership fees and charges that apply to your use of the Lotus Premises and activities arranged by Lotus, as advised to you on sign up, and as amended by Lotus from time to time. Lotus Movement App means the software that is downloadable from any app store, as updated from time to time Member means any person who has accepted these Terms, or on whose behalf these Terms have been accepted, and paid the relevant Fee to attend the Lotus Premises or attend activities arranged by Lotus.

Membership means the relevant access level to the Lotus Premises or activities arranged by Lotus that you have selected and for which you have paid the relevant Fees.