This document sets out the terms and conditions that apply to membership with 101 Collins Street Management (ACN 004 582 423) (101 Collins), which manages the premises which accommodates RISE by 101 Collins (RISE). By applying to become a member, booking a class or attending the Wellness Centre (including under a guess pass), you agree to these terms and conditions.

1.     YOUR RESPONSIBILITIES

a.          101 Collins aims to provide a safe environment for health, fitness and wellness. However, there is an inherent risk of injury when undertaking any physical activities. You agree to use the Wellness Centre and participate in any activities at your own risk, and understand that some of the activities may be strenuous physical activities.

b.          If you are injured, are unable to perform certain movements, or have any medical condition that affects your ability to participate in physical activities, you must notify the RISE Representative before participating in any activities. 101 Collins may ask for you to provide a medical certificate stating that you are fit to participate in the relevant activities.

c.          RISE Representatives may give you directions about how to complete physical activities and use equipment, as well as instructions about warm-up and cool-down. There may also be directions or instructions displayed at the Wellness Centre or on any equipment. You must follow those directions and instructions, and acknowledge failing to do so increases the risk of injury or damage to equipment.

d.          In addition to any legal requirements, you must comply with any rules or directions by 101 Collins or its nominee, or displayed at the Wellness Centre, about health and hygiene (such as rules about wearing masks, washing hands, or wiping down equipment).

e.          You must also wear suitable attire, including enclosed shoes.

f.           101 Collins reserves the right to refuse entry, or ask you to leave the Wellness Centre, if it is concerned you will not follow the rules, or in order to ensure the safe and efficient operation of the Wellness Centre (including because of any density limits).

2.     LIABILITY

a.     Warning under the Australian Consumer Law and Fair Trading Act 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that 101 Collins is required to ensure that the recreational services it supplies to you—

·       are rendered with due care and skill; and

·       are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

·       might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, 101 Collins is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form (by agreeing to it electronically), you will be agreeing that your rights to sue 101 Collins under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on 101 Collins' part.

b.     Limitation of liability for personal injury

You agree that 101 Collins will not be liable for any personal injury, including death, sustained by you in the course of engaging in recreational activities (including physical activity at the Wellness Centre for the purpose of recreation, enjoyment or leisure or any sporting activity or similar leisure time pursuit), except to the extent that the injury is caused by 101 Collins' gross negligence.

c.     Limitation of liability generally

To the extent otherwise permitted by law, and subject to sections 1.1 and 1.2 above, you agree that 101 Collins, and RISE Representatives, are not liable to you in respect of any personal injury, loss or damage you may suffer, directly or indirectly, in connection with your attendance at the Wellness Centre or participation in any class.

d.     Liability for damage to equipment or loss of personal property

You are responsible for, and indemnify 101 Collins, for any loss or damage caused by your misuse of the RISE facilities or equipment or breach of this Agreement, whether by failing to follow directions or instructions, negligence, or wilful misconduct and must pay the costs of that loss or damage on demand.

101 Collins is not responsible for the safekeeping of your personal property brought onto the RISE premises, and is not liable for any loss, theft or damage to, your personal property for any reason.

3.     BOOKING AND CANCELLING CLASSES

a.     You must obtain a membership or pass in order to book a class or use the Wellness Centre. Memberships and passes must not be shared with anyone else.

b.     You may book classes on-line. If a class is full, then you may be put on the waitlist. The following rules apply to booking and attending classes, and the waitlist:

·       If you have booked a class, 101 Collins will reserve a place in the class for you to attend. If 101 Collins cancels a class you have booked, or is not able to accommodate you for any reason, 101 Collins will provide a class credit which can be used to attend a class on a future date. 101 Collins has no other liability to you for cancelled classes or being unable to accommodate you.

·       You may cancel a booking by giving at least 2 hours' notice before the scheduled commencement of the class.

*  If you cancel a booking with less than 2 hours' notice, then you must pay a $5 cancellation fee (in addition to any fees associated with any class pass or membership you hold). You are entitled to a one-off cancellation waiver. The waiver gives you the option of either not being charged the cancellation fee or receiving a class credit which can be used to attend a class on a future date.

·       If you are on the waitlist for a class, an email will be sent if you secure a spot in the class and you will be automatically booked for that class. 101 Collins will assume you will be attending even if you do not respond. Please be aware that waitlist confirmations often occur overnight, so you need to take yourself off the waitlist if you are not prepared to attend the class.

4.     MEMBERSHIPS AND PASSES

Your membership commences on the membership start date provided on your membership form. The following terms apply to you from the membership start date:

a.     Membership terms

RISE will publish details of available membership packages and the associated costs. By applying for a membership, you agree to pay those fees and comply with any terms that apply to the package, in addition to the terms in this document.

Your membership cannot be transferred to, or shared with, any other person unless authorised by 101 Collins in its sole discretion.

b.     Membership fees

·       Recurring membership fees will be charged to your credit card or bank account once per fortnight via a third party billing service, unless otherwise specified in relation to the membership package.

·       101 Collins is not responsible for any bank fees that you may incur from your bank.

·       It is your responsibility to ensure there are sufficient funds available to cover your recurring membership fees at the time your credit card or bank account are charged.

·       If you fail to make payment of your recurring membership fees three (3) times or more, 101 Collins reserves the right to charge a $10 administration fee.

·       If you fail to make payment of your recurring membership fees for four (4) weeks, 101 Collins reserves the right to cancel your membership.

·       101 Collins reserves the right to increase its pricing (including but not limited to its membership fees) from time to time and to offer additional pricing options. If 101 Collins increases its prices, then you will be given 1 months' prior notice and may cancel your membership before the price rise is implemented at no cost.

c.     Cancelling your membership

If you wish to cancel your RISE membership, you must advise 101 Collins via email at rise@101.collins.com.au. You must give 101 Collins 2 weeks' notice of your wish to terminate your membership.

d.     Passes

101 Collins may also offer passes that allow you to use the Wellness Centre or book a class. Passes are not refundable, and may only be transferred to another person with 101 Collins' prior consent.

5.     REFUND AND SUSPENSION POLICY

a.     Once you have applied for a membership, then the purchase is final once we accept the application, and you are not entitled to a refund unless we are required to give you one by law. However, we recognise unforeseen circumstances may occur, such as end of employment, relocation, medical or any other unforeseen circumstances. If an unforeseen circumstance occurs that means you cannot use your membership, then you may request 101 Collins to suspend, terminate and refund, or transfer your membership, by emailing rise@101collins.com.au.

b.     101 Collins may agree to suspend, terminate and refund, or transfer your membership in its discretion, subject to complying with any legal requirements (including under the Australian Consumer Law).

c.     If 101 Collins agrees to suspend your membership or pass, then suspensions will be granted in weekly increments for up to 6 weeks unless otherwise negotiated. 101 Collins requires 7 days to process a suspension request.

d.     If 101 Collins agrees to terminate and refund, then it will refund any amounts paid for the period of membership from the date 101 Collins agrees that your membership has been terminated.

e.     If 101 Collins agrees to transfer your membership or pass to another person, the other person must agree to comply with these terms and conditions and the transfer takes effect from the date specified by 101 Collins.

6.     PRIVACY POLICY

a.          The collection, use, storage and limited disclosure of personal information (and any associated health information) is subject to 101 Collins' privacy policy. Our privacy policy is available on request, or on our website at /privacy-policy. By becoming a member of RISE, you consent to the collection and use of your personal information in accordance with the terms of that privacy policy.

b.          Privacy collection notice

101 Collins is committed to ensuring all personal information is held in a confidential and secure matter, in accordance with the Privacy Act 1988 (Cth) and our privacy policy.

We collect personal information provided by you as set out in our privacy policy. We also collect your personal information in the form of images of you from footage captured by our security cameras, for the purposes of minimising and detecting unlawful activity, preventing disturbances and assisting law enforcement and our security contractors in carrying out their responsibilities, and other purposes set out in our privacy policy. Your personal information may also be used or disclosed for those purposes, and for reasonable secondary purposes, where that purpose is related (or for sensitive information, directly related) to the primary purpose, or where permitted by the Privacy Act. 

If we do not collect this information, we may not be able to provide you with the services you have requested or ensure the security of our facilities. Our privacy policy sets out further details about our usual disclosures of personal information, how you may contact us to make a complaint about our handling of your personal information, or to access or correct the personal information we hold about you. 

7.     GLOSSARY

The following defined terms are used in these terms and conditions:

a.          Cancellation waiver means a waiver granted by 101 Collins under these terms.

b.          Membership form means the RISE membership application form completed and signed by you.

c.          Membership start date means the date stipulated on your membership form as the date your RISE membership commences.

d.          Recreational activity means participation in a sporting activity or a similar leisure time pursuit, or any other activity involving a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment and leisure.

e.          RISE Representative means any officers, directors, employees, contractors, agents, or other representatives of 101 Collins or its nominee, and includes any third party consultants that 101 Collins permits to use the Wellness Centre to provide classes or services.