TERMS AND CONDITIONS OF THE PURSUIT MUAI THAI / DEBIT SUCCESS  MEMBERSHIP AGREEMENT 

1. INTRODUCTION 

This document outlines the rights and responsibilities relating to the Member’s  entitlements during the Membership Period to use of the Centre’s facilities. It also  relates to the member’s authority to Debitsuccess Pty Ltd to directly debit the  nominated bank account or credit card for any instalments or fees due under the terms  and conditions of this Membership Agreement and DDR overleaf. 

2. DEFINITIONS 

In this Agreement unless the contrary intention appears: 

The singular includes the plural and vice versa.  

A reference to a party includes that party’s legal personal representative heirs and  assigns. 

Agreement Summary: The document provided at the start of a membership  agreement that concisely describes services, terms, fees, and cooling-off rights. Membership Card: The Pursuit Muay Thai membership card. 

Centre / Supplier: means the Pursuit Muay Thai Centre/Pursuit Performance Centre named on the Direct Debit Request (DDR) and Contract that this booklet refers to. Client / Member: Any person who enters into a membership agreement or is supplied  with fitness services. Includes parents/guardians for minors under 18. Cooling-Off Period: A 7-day period starting from the date the agreement is signed (or 7  days from the opening date for pre-opening sales) during which a member may  terminate the agreement for any reason.  

CV (Contract Variation): The specific internal form required to formally amend the  terms, fees, or stream of an existing agreement.  

“Debitsuccess”.is Debitsuccess Pty Ltd, PO Box 577, Mt Waverley, Vic, 3149, Phone:  1800 267 916, E-mail: Memberservice@Debitsuccess.com. All queries and comments  about the fitness club services provided under this Membership Agreement should be  directed to the Centre. All queries and comments about the direct debit billing service  

should be directed to Debitsuccess. The Member acknowledges that Debitsuccess has  been engaged by the Centre to collect the due under this Membership Agreement if  paying by way of direct debit and acknowledges that all rights of the Centre under this  Membership Agreement are able to be forced by Debitsuccess as if it were the Centre  without any involvement on the part of the Centre or the consent of the Member. 

Electronic: Any method of communication or documentation that is electrical, digital,  magnetic, optical, electromagnetic, biometric, or photonic.  

Fixed-Term Agreement: A membership agreement that has a set duration (e.g., 6 or 12  months) and expires automatically at the end of that term without continuing.  Material Amendment: Any modification to Membership Types, Access Rights, or Fees by the centre. 

Membership Stream: A distinct training category determining specific program access  and inclusions. 

Premium Stream: the membership stream/s that the centre identifies, as a premium  service stream due to the staffing requirements, program content, access & Inclusions; including but not limited to “Muay Thai”, “Brazilian Jiu Jitsu”, “Hyrox” access and any  other service that the centre identifies as premium.  

Standard Stream: the membership stream/s that the centre identifies, as a standard  service stream due to the staffing requirements, program content, access & inclusions;  including but not limited to “Group Fitness” and “Gym Floor” access and any other  service that the centre identifies as standard.  

Basic Stream: the membership stream/s that the centre identifies as a basic service  stream due to the staffing requirements, program content, access & inclusions;  including but not limited to “Gym Floor” access and any other service that the centre  identifies as basic.  

Membership Type: Refers to the specific term length of the agreement (e.g.,  Upfront/Paid in Full or Ongoing) and the general level of facility access. Ongoing Agreement: A membership agreement that continues after the initial term  until the member or the supplier provides notice to terminate. 

Direct Debit Membership: See ongoing agreement  

Registration Fees: One-off administration costs related to the setup and management  of a membership. These are non-refundable.  

Tailgate Fee: The fee payable by a member for admitting a guest to any Pursuit Muay  Thai Centre in breach of rule 25.2. This fee is set case-by-case up to $250 per guest per  instance.  

Termination Fee: These fee/s represent a genuine pre-estimate of the supplies  administrative and recruitment costa and financial losses resulting from the early  termination of an agreement.  

Uniform/s: The Pursuit Starter Pack (Pursuit Shorts and Singlet) and/or Brazilian Jiu Jitsu  Gi or any other components of attire that the centre identifies are required for the  membership stream. 

Unpaid Fee: A fee for fitness services already provided for which the member has not  yet paid at the time of termination. 

3. LEGALLY BINDING AGREEMENT 

The Member acknowledges and agrees that: 

3.1. The Direct Debit Request (DDR) and Contract is legally binding whether the use of  the Centre and its services is determined and paid on a yearly, monthly, weekly or  individual basis. 

3.2. The Membership must remain current to avoid re-paying any associated joining  fees.  

3.3. They declare that they are physically and medically fit and capable to engage in  exercise and fitness programs at the Centre, and have and will inform instructors of any  condition or risk that may have an effect on their ability to participate in any exercise or  fitness program prior to commencement. 

3.4.They are 18 years of age or older at the time of signing, and not under any other legal  disability. If not, a parent or adult guardian will sign also. 

3.5. The Pursuit Muay Thai adult pre-exercise screening tool does not provide advice on  a particular matter, nor does it substitute for advice from an appropriately qualified  medical professional. No warranty of safety should result from its use. The screening  system in no way guarantees against injury or death. No responsibility or liability  whatsoever can be accepted by Pursuit Muay Thai for any loss, damage or injury that  may arise from any person acting on any statement or information contained in this  tool. 

3.5.1. If you answered “YES” to any of the health concern questions, please seek  guidance from your GP or appropriate allied health professional prior to undertaking  physical activity/exercise. 

3.5.2. If you answered “NO” to all of the health concern questions, and you have no  other concerns about your health, you may proceed to undertake light-moderate  intensity physical activity/exercise. 

3.5.3 The Supplier reserves the right to modify Membership Types, Access Rights, or  Fees. Any such changes constitute a Material Amendment. The Supplier will provide at  least 14days' written notice of any Material Amendment. If a Member is adversely  affected by a change in fees, they may terminate their membership as per the standard  cancellation options (see 7.1 – 7.1.33) If the member does choose to terminate their  membership the notice period will be charged at the current weekly rate of their  membership plus any relatable cancellation fees, as outlined in the agreement.  3.5.4. The member acknowledges and agrees to the best of my knowledge; all of the  information I have supplied to Pursuit Muay Thai is correct.

4. RECEPTION AND ACCESS 

4.1. All members must swipe or present their Card at reception every time they attend  the Centre including outside staffed hours if provided.  

4.2. At no stage are you permitted to give your Card to non-members to allow them to  access the Centre.  

4.3. If a member would like to train with a non-member they must attend within staffed  hours and the non-member must pay the casual membership rate.  4.4. When scanning your Card upon entry outside staffed hours (if provided) you will  have a limited amount of time to enter. If this opportunity is missed a second scan will  not be able to be done for a period of 5 minutes.  

4.5. Members must advise any changes of address and phone number.  4.6. The facilities are available to the general public and not exclusively for members.  4.7. To use the Centre your account must be valid and up to date, Overdue payments  can be made directly at the Centre or by calling Debit Success after which the Centre  may be used.  

4.8. All Pursuit Muay Thai clubs but not limited to those clubs, require constant video  surveillance whilst in the Centre except in the changerooms.  

4.9. The centre reserves the right to change Membership stream inclusions and access  at any time by notifying member as per the method outlined (see material amendment [3.5.3] & [22]). 

4.10. If the Pursuit Muay Thai Centre utilises a class booking system, All members must  use the booking system to ensure access, if you do not use the system the centre  accepts no responsibility for loss of access, if you are unable to participate in the  class/s due to class capacity limits and/or participant safety. 

5. GENERAL CONDITIONS OF ENTRY 

To ensure the Centre is able to provide a high level of service in a safe, healthy and  pleasant environment for all, members must comply with the following conditions: 

5.1. Entry will be refused, or a person requested to leave the Centre if the person: 5.1.1. Is abusive or uses offensive language or whose behaviour is threatening, or 5.1.2. Is  under the influence of drugs or alcohol. 

5.2. No smoking is permitted in the Centre.  

5.3. No chewing gum permitted in the Centre.  

5.4. Sweat towels must be used at all times.  

5.5. Weights and training equipment (for example but not limited to gloves, pads, safety  gear, skipping ropes, etc.) must be returned to their correct place after use.  5.6. Correct training attire must be worn in the Centre – no jeans, work clothes, boots,  sandals, thongs, or clothing that is likely to cause offence to others are permitted. 

5.7. No person under the age of 16 is allowed in the Centre unless accompanied by a  guardian or qualified instructor. Members between the age of 16 and 18 may train in the  facility without a parent guardian during staffed hours, if outside staffed hours the must  be accompanied by a guardian or qualified instructor.  

5.8. No food allowed in the gym or group classes.  

5.9. No entry to a group exercise class 10 minutes after it starts.  

6 LOCKERS/STORAGE (where provided)  

6.1 All items stored in the lockers/storage area provided are at your risk and we do not  accept responsibility for items lost, damaged or stolen.  

6.1.1 The centre cannot supply security camera footage unless as required by law. 6.2 Bags are not permitted in the Centre unless placed in the lockers/storage area  provided.  

7.0. CANCELLATION / TERMINATION 

7.1 Direct Debit Memberships 

7.1.1 Cooling Off Period  

The Direct Debit Request (DDR) and Contract is subject to a 7-day cooling off period:  7.1.1.1 The cooling off period commences at the close of business on the  “Commencement Date”.  

7.1.1.2 The cooling off period ends at close of business on the 7th day after the  “Commencement Date”.  

7.1.1.3 New members have the right to cancel their membership within the cooling off  period if they are not completely satisfied with the services and programs.  7.1.1.4 All monies will be refunded on a pro rata basis with the exception of an  Administration Fee & Uniform Fee if the uniform has been supplied to the member.  7.1.1.5 All cooling off cancellations must be in writing to the Centre via our website  portal. www.pursuitmuaythai.com or; If the website portal is unavailable, please email  membersupport@pursuitmuaythai.com 

7.1.2 Medical Termination 

7.1.2.1 Permanent Disability/Incapacity (ongoing memberships): If terminated due  to permanent illness or physical incapacity (verified by a medical certificate stating as  such), the Member is entitled to a pro-rata refund for the unused part of the agreement (if one is due). No termination fee or notice period applies to cancellations for  

permanent medical reasons. The Member is only liable for unpaid fees representing  services already supplied but not yet paid for. Upon receival and approval of the  medical certificate the membership will be cancelled effective immediately.  7.1.2.2 Non-Permanent Injury/Illness (ongoing memberships): If the illness or injury  is NOT permanent but adversely affects the member's ability to use the services  (verified by medical certificate), a 30-day notice period and cancellation fee of $150 will  apply.

7.1.3 Cancellation Procedure 

7.1.3.1 Electronic Rights: All cancellation requests must be directed in writing to the  Supplier via the website portal (www.pursuitmuaythai.com) or via email  (membersupport@pursuitmuaythai.com).  

7.1.3.2 Cancellations within the minimum term:  

7.1.3.2.1 For all other early terminations of ongoing agreement, the Member agrees the  Supplier may charge a Termination Fee based on the Membership stream and the pre estimated costs of the suppliers administrative, recruitment and financial losses from  the early termination.  

7.1.3.2.2 The Centre assess these to be:  

7.1.3.2.2.1 Premium Membership Streams 

(A) If there is 12 months or more of membership fee equivalent remaining on the  Minimum Term of the Agreement = $485.00; or 

(B) If there is less than 12 months but 6 months or more left of membership fee  equivalent remaining on the Minimum Term of the Agreement = $425.00; or 

(C) If there are less than 6 months of membership fee equivalent remaining on the  Minimum Term of the Agreement = $300.00 or the total remainder of the Agreement – whichever is the lesser 

7.1.3.2.2.2 Standard & Basic Membership Streams  

(A) $150.00 or; 

(B) the total remainder of the agreement whichever is the lesser 

Note: These fees represent a pre-estimate of the Supplier's administrative and  recruitment costs and financial losses resulting from the early termination. 7.1.3.3 30 Days’ notice is required for cancellation of all memberships including  cancellations within the minimum term.  

7.1.3.4 Cancellations after completion of the Minimum Term - After the expiry of the  minimum term or payments, and after all instalments and fees due have been paid in  full, should the box on the front of the Direct Debit Request (DDR) and Contract  requesting termination at minimum term be marked then the Direct Debit Request  (DDR) and Contract shall automatically terminate. Should the box on the front of the  Direct Debit Request (DDR) and Contract requesting termination after the minimum  term not be marked, then this is an ongoing membership agreement. The agreement will  continue until either you or the supplier terminates it in the way described in the  agreement. If an automatic debit arrangement is in place, membership fees will  continue to be debited from your credit card or account until you or your fitness Centre 

cancels the arrangement by notifying your bank or credit provider. If you terminate the  agreement or stop the automatic debit arrangement in a manner not described in the  agreement, then you may be liable to the fitness Centre for damages for breach of  contract. Any instalments/fees due at the date of termination (including  instalments/fees which fall due during the notice period) will remain a debt owed to and  recoverable by Debit success. There will be a period of notice of 30 days unless  otherwise specified by the Centre between the date of request and the date of actual  termination during which any payments due must still be paid in full. The Member  should contact Debit success if they have not received written confirmation of the  termination within the 30-day period. The Member shall not consider that the Direct  Debit Request (DDR) and Contract has been terminated until such time as this is  confirmed in writing to the Member by Debit success (not more than 14 days after the  termination date). Termination of the Direct Debit Request (DDR) and Contract will also  terminate the Direct Debit Request Authority.  

7.2. Fixed term/ Paid in full memberships. 

7.2.1 Cooling Off Period  

The Fixed Term Contract is subject to a 7-day cooling off period:  

7.2.1.1 The cooling off period commences at the close of business on the  “Commencement Date”.  

7.2.1.2 The cooling off period ends at close of business on the 7th day after the  “Commencement Date”.  

7.2.1.3 New members have the right to cancel their membership within the cooling off  period if they are not completely satisfied with the services and programs.  7.2.1.4 All monies will be refunded on a pro rata basis with the exception of an  Administration Fee & Uniform Fee if the uniform has been supplied to the member.  7.2.1.5 All cooling off cancellations must be in writing to the Centre via our website  portal. www.pursuitmuaythai.com or; If the website portal is unavailable, please email  membersupport@pursuitmuaythai.com 

7.2.2 Medical Termination – Fixed Term Agreements 

7.2.2.1 Permanent Disability/incapacity (Fixed term/Paid in full memberships): If terminated due to permanent illness or physical incapacity (verified by a medical  certificate stating as such), the Member is entitled to a pro-rata refund for the unused  part of the agreement. No termination fee or notice period applies to cancellations  for permanent medical reasons. The Member is only liable for "unpaid fees"  representing services already supplied but not yet paid for at the time of notice.

7.2.2.2 Non-Permanent Injury/Illness (Fixed term/Paid in full memberships ongoing  memberships): If the illness or injury is NOT permanent but adversely affects the  member's ability to use the services (verified by medical certificate), a 30-day notice  period and cancellation fee of $150 will apply. The fee can be paid in full at time of  cancellation or deducted from credit remaining on the membership prior to the refund  for the unused portion of the paid in full membership being processed. 7.2.2.2.1 The notice period will be deducted from the unused portion of the  membership. 

7.2.2.2.2 if the member does not make the payment in full for any reason by the  termination date, it will be deducted from the unused portion prior to the refund being  processed. 

7.2.3 Cancellation Procedure 

7.2.3.1 Electronic Rights: All cancellation requests must be directed in writing to the  Supplier via the website portal (www.pursuitmuaythai.com) or via email  (membersupport@pursuitmuaythai.com). See also (7.1.3.1) 

7.2.3.2 Cancellations within the minimum term: 

7.2.3.2.1 While the unused portion of the membership is refundable, the Member  acknowledges that the Supplier is entitled to charge certain fees upon termination: 7.2.3.2.2 For all other early terminations of a Fixed-Term or Paid in Full Agreement, the  Member agrees the Supplier may charge a Termination Fee based on the Membership  stream and the pre-estimated costs of the suppliers administrative, recruitment and  financial losses from the early termination.  

7.2.3.2.2.1The fee can be paid in full at time of cancellation or deducted from credit  remaining on the membership prior to the refund being processed; if the member does  not make the payment in full for any reason by the termination date, it will be deducted  from the credit prior to the refund being processed. 

7.2.3.2.2.2 The Centre assess these to be:  

7.2.3.2.2.3 Premium Membership Streams 

(A) If there is 12 months or more of membership fee equivalent remaining on the  Minimum Term of the Agreement = $485.00; or 

(B) If there is less than 12 months but 6 months or more left of membership fee  equivalent remaining on the Minimum Term of the Agreement = $425.00; or (C) If there are less than 6 months of membership fee equivalent remaining on the  Minimum Term of the Agreement = $300.00 or the total remainder of the Agreement – whichever is the lesser 

7.2.3.2.2.4 Standard & Basic Membership Streams  

(A) $150.00 or; 

(B) the total remainder of the agreement whichever is the lesser 

Note: These fees represent a pre-estimate of the Supplier's administrative and 

recruitment costs and financial losses resulting from the early termination. 7.2.3.3 30 Days’ notice is required for cancellation of all memberships including  cancellations within the minimum term.  

7.2.3.4 Termination and Mandatory Refund Rights 

The member understands and agrees they have the right to terminate their membership  at any time by providing written notice to the Supplier. If a Member terminates this  Agreement before the end of the Fixed Term, the Supplier will provide a refund  representing the pro-rata portion of the unused membership fees less the amounts  outlined in [7.2.2.2], [7.2.2.2.1],[7.2.2.2.2],[7.2.3.2] and [7.2.3.3]. This refund will be  calculated from the date the termination takes effect until the original expiry date of the  Fixed Term. 

7.2.3.5 Agreement Classification and Term 

Where a Member selects a "Paid Upfront," "Paid in Full," or other fixed-term  membership option, this Agreement is classified as a Fixed-Term Agreement under the  Fair Trading (Fitness Industry Code of Practice) Regulations 2020 (WA). The membership  will commence on the date specified in/on the Membership Agreement Form and will  automatically expire at the end of the fixed term without further notice, unless the  Member enters into a new agreement. The member agrees that if they select this option  and do not enter into a new agreement before the end of the fixed term, they may be  required to repay any joining fees associated with the membership stream selected.  

8. MEMBERSHIP VARIATIONS (UPGRADES & DOWNGRADES) 

8.1 Request for Variation A Member may request to change their Membership Type (an  "Upgrade" , "Downgrade" or “Same tier change”) or their Membership Stream at any  time by submitting a written notice of request via the member portal  (www.pursuitmuaythai.com) or via email (membersupport@pursuitmuaythai.com). 8.1.1 Request: The digital submission serves as request of intent. To formally amend  the existing agreement, the Member must execute a specific Contract Variation (CV)  Form as provided by the Supplier. The variation is not finalized until the CV form is fully  executed by both parties. 

8.1.2 Upgrading Membership and/or Premium Membership Streams A Member may upgrade to a Membership Type (and/or Premium Membership Stream)  with higher fees or expanded access rights at any time. Upon approval and execution of  a CV form, the upgrade will take effect once: 

1. The Member pays the pro-rata difference between the original membership fee  and the new membership fee for the remainder of the current billing period; and

2. The Member must pay a one-off Stream Upgrade Fee related to specific  registration or equipment requirements of the new stream. 

8.1.3 Changing Membership Streams (Same Tier) 

A Member may transition between Membership Streams within the same fee tier (e.g.,  transitioning from Premium Membership Stream Muay Thai to Premium membership  stream Brazilian Jiu Jitsu). 

1. The Member must pay a one-off Stream Transition Fee related to specific  registration or equipment requirements of the new stream. 

2. Items provided as part of the original stream (e.g., uniforms) are considered  "fees for goods supplied" and will not be refunded. 

8.1.4 Downgrading Standard Membership and/or Premium Membership Streams A Member may request to downgrade to a Membership Type with lower fees or reduced  access rights subject to a 30-day notice period. 

1. Ongoing Memberships within the minimum term: Downgrades are processed  as a partial termination, The downgrade takes effect after the 30-day notice  period, starting from the closest scheduled billing cycle after the approval of the  CV form. a termination Fee of;  

Premium membership stream: $300.00 

or; Standard membership stream: $110 applies. 

2. Upfront/Fixed-Term Memberships: Downgrades are processed as a partial  termination. The Supplier will calculate the refund of the unused portion of the  higher-tier membership and apply a credit toward the new lower-tier  membership. Termination fees of;  

Premium membership stream: $300.00 

or; Standard membership stream: $110 applies. and a 30-day notice period  apply if the downgrade occurs before the original term expiry. 

3. Registration and Uniforms: Registration fees are classified as "one-off  administration costs" and Uniforms as "fees for goods supplied." Neither is  refundable upon downgrade. 

9 TRANSFER OF MEMBERSHIP BY THE MEMBER 

9.1 Transfer of membership will be by agreement of the Manager of the Centre and will  incur a Transfer Fee of $70. This fee is payable to the Centre.  

9.2 Transfers between Centres will be by agreement of the Manager of the Centre to  which the Member wishes to transfer.  

9.3 Fixed term/paid in full memberships are not transferable under any circumstances

10 ADDITIONAL FEES AND SPECIAL SERVICES 

10.1. Some services require an additional fee, and these include but not limited to  group personal training, one-on-one sessions, events, access additional  information/programs, etc.)  

10.2. REPLACEMENT CARD FEE 

If a Card is lost, destroyed or damaged and requires replacement a replacement card  fee of $50 is payable to the Centre 

11 DAMAGE TO THE CENTRE 

Any Member who wilfully or through their negligence damages the Centre or its property  will pay for the damage. Members are responsible for damages caused by their guests  and children.  

12 SAFETY, MAINTENANCE & SERVICE DEMAND 

The Centre may from time to time as reasonably necessary:  

12.1 Close off any part of the Centre or isolate any piece of equipment for maintenance  or safety reasons: or  

12.2 Change the hours of opening and closing or alter class timetables in accordance  with demand; or  

12.3 Vary Centre rules. Where this occurs, the Centre will provide reasonable notice on  the Centre notice boards or at reception. 

13. DAMAGE & PERSONAL INJURY - DISCLAIMER 

To the extent permitted by law, the Centre and Debit success exclude any liability to the  Member in the Membership Agreement, tort, statute or in any other way for any injury,  damage or loss of any kind whatsoever (including, without limitation, any liability for  direct, indirect, special or consequential loss or damage), sustained by the Member  and/or any other person, or for any costs, charges or expenses incurred by the Member,  arising from or in connection with the Direct Debit Request (DDR) and Contract and/or  the services/products provided by the Centre and/or Debit success, and/or any act or  omission of the Centre and/or Debit success.  

Warning under the Australian Consumer Law and Fair-Trading Act 2012 (Victorian  memberships only) 

A. If you participate in these activities your rights to sue the supplier under the  Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured 

because the activities were not supplied with due care and skill or were not  reasonably fit for their purpose, are excluded, restricted or modified in the way  set out in or on this notice. 

B. Under the Australian Consumer Law (Victoria), several statutory guarantees  apply to the supply of certain goods and services. These guarantees mean that  the supplier named on this form 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, the  supplier is entitled to ask you to agree that these statutory guarantees do not apply to  you. If you sign this form, you will be agreeing that your rights to sue the supplier 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.  

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 the supplier's part. 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.  

14. SEVERABILITY 

In the event any part of this Direct Debit Request (DDR) and Contract being or becoming  void or unenforceable then that part shall be severed from the Direct Debit Request  (DDR) and Contract with the intention that the balance of the Direct Debit Request  (DDR)and Contract shall remain in full force and effect, unaffected by the severance 

15. SUSPENSION 

Suspension may be possible under the terms of the Direct Debit Request (DDR) and  Contract. You may suspend for a minimum of 2 weeks at a time so long as the total time  suspended within a 12-month period does not exceed 8 weeks. In order to suspend you  must contact the Centre Manager in writing with reasonable notice (at least 7 days)  prior to the date of suspension. There is a charge of $5.00 per week dependant on the  type of membership while the Agreement is suspended. Any time spent on suspension 

will be added onto the minimum term of the Agreement so that the amount payable  shall still be payable regardless of any suspension or suspension charges made. 

16 BREACH OF TERMS & CONDITIONS 

Any breach of the set terms and conditions will result in a warning, and any further  breach will result in a second warning, and your membership may be suspended or  terminated. A proven serious breach of the general conditions of entry under Clause 5  may result in immediate termination of your membership without warning. The Member,  Debit success and the Centre each hold reciprocal rights of termination for a material  breach of any term or condition of this Membership Agreement. The Membership  Agreement will be terminated upon receipt of written notice outlining the relevant  breach. 

17 TRANSFER OF MEMBERSHIP BY THE CENTRE 

17.1 The Centre will have the right to assign or novate the Membership Agreement to a  third party in the event of the sale of the business.  

17.2 The Centre may relocate to another premise within a 5-kilometre radius and the  location at which the services are provided may change during the term of this  Membership Agreement.  

17.3 In the event of clauses 17.1 or 17.2 occurring you agree that the Direct Debit  Request (DDR) and Contract will continue with the new third party and/or at the new  location.  

18 PAYMENTS BY DIRECT DEBIT 

If paying by Direct Debit the Member agrees to pay the instalment amount at the agreed  payment frequency until the Direct Debit Request (DDR) and Contract is terminated in  accordance with Clause 7 above. Should there be any arrears in payments the Member  authorises Debit success to debit the outstanding balance in order to bring the account  up to date.  

18.1 Dishonoured Payments  

It is your responsibility to ensure that on the due date clear funds are available in your  nominated account to meet the direct debit payment. Should your payment be  dishonoured Debit Success will debit you an additional $14.95 with your next payment  and may, if we have not received instructions to the contrary from you, debit both the  current due payment and the now overdue payment(s) on the same day. Debit Success  may debit other fees or costs involved with debt collection in accordance with the terms  and conditions of the Membership Agreement (refer to clause 21 Credit/Debt Reporting 

Agencies).  

19 ADMINISTRATION FEE (DIRECT DEBIT) 

If paying by Direct Debit, a one-off Administration Fee of the value indicated on the face  of this Contract is payable to Debitsuccess by the Member on signing of the Direct Debit  Request (DDR) and Contract. This fee is split, $7.50 to Debit success, the remainder to  the Centre.  

20 PRIVACY  

20.1 A Customer’s “personal information” (as that term is defined in the Privacy Act  1988 (Cth)) will only be used by the Centre or Debit success to provide you with the  services contemplated by the Direct Debit Request (DDR) and Contract or in  accordance with your selection relating to the Privacy disclaimer on the front page of  the Direct Debit Request (DDR) and Contract. Debitsuccess’ Privacy Statement is to be  found on its website debitsuccess.com. The Centre’s Privacy Statement can be  obtained from the Centre.  

20.2 Unless you indicate to the contrary, you agree that we may use your personal  information for internal marketing purposes. We may use your personal information to  develop marketing lists and other programs for internal use only so that we may offer  you goods and services by mail, telephone, facsimile, email or SMS. If you do not want  to be contacted in this manner, please notify your Centre or reply “STOP” to any email or  SMS.  

21 CREDIT/DEBIT REPORTING AGENCIES 

If paying by Direct Debit, upon default by the Member in regard to any obligation under  the Direct Debit Request (DDR) and Contract and failure to remedy the default after  notification by Debit success, the Member authorises Debit success to notify any debt  collection/credit reporting agency of the default. Should this occur then at Debit  success’ sole discretion it may terminate the Membership Agreement at which time the  full outstanding balance for the remainder of the minimum term or payments (including  any current arrears) shall be due in full. The Member authorises Debit success to add an  amount equivalent to 25% of the full outstanding balance. 

(being Debit success’ expenses reasonably incurred in collecting the debt) upon initial  referral to the debt collection/credit reporting agency. 

22 INCREASE IN FEES 

If paying by Direct Debit, Debit success may at any time AFTER the end of the minimum  term, upon sending notice to the member’s last known address and giving 14 days’  notice, increase the instalment amount. If the Member wishes to terminate the Direct  Debit Request (DDR) and Contract as a result of the increase in the instalment amount,  the Member must notify Debit success in writing within 14 days of the date of the  written notice sent by Debit success. The Membership Agreement will be terminated  upon receipt of this notice. If the Member does not notify Debit success of its intention  to terminate the Direct Debit Request (DDR) and Contract within such specified time  period, then the Direct Debit Request (DDR) and Contract will remain in force and the  increase in the instalment amount will be deemed to be accepted by the Member.  

23 ENTIRE AGREEMENT  

The Direct Debit Request (DDR) and Contract, constitute the entire agreement,  understanding and arrangement (express and implied) between the Member, the Centre  and Debit success relating to the subject matter of the Direct Debit Request (DDR) and  Contract and supersedes and cancels any previous agreement, understanding and  arrangement relating thereto whether written or oral.  

23.1 Updating Terms and Conditions  

Pursuit Muay Thai may update these terms and conditions from time to time (including if  Debitsuccess changes its terms of business with us). In the event that we do update  terms and conditions Pursuit Muay Thai will give you 14 days' notice of the change.  

If we reasonably consider that any change to the terms and conditions is likely to  benefit you or be of no, or immaterial, detriment to you, we can make the change  immediately and do not need to notify you.  

For all other changes, we give you at least 14 days' notice of any changes, for instance  by: 

• Publishing them in our newsletter or on our website; or 

• Placing a notice in the Club; or 

Calling you or writing to the address (post or email) you last gave us.

24 STATE SPECIFIC CONDITIONS APPLICABLE TO VICTORIA MEMBERSHIPS ONLY  

24.1 Clause 7.2.3.4 is amended as follows:  

Termination and Mandatory Refund Rights 

The member understands and agrees they have the right to terminate their membership  at any time by providing written notice to the Supplier. If a member terminates this  Agreement before the end of the Fixed Term, the Supplier will provide a refund  representing the pro-rata portion of the unused membership fees less the amounts  outlined in Amendment 24.3. This refund will be calculated from the date the  termination takes effect until the original expiry date of the Fixed Term. 

24.2 Clause 7.1.3.2.2.1 is amended as follows:  

(A) $150.00 or; 

(B) the total remainder of the agreement whichever is the lesser 

Note: These fees represent a pre-estimate of the Supplier's administrative and  recruitment costs and financial losses resulting from the early termination. 30 Days’ notice is required for cancellation of all memberships including cancellations  within the minimum term. 

24.3 Clause 7.2.3.2.2.3 is amended as follows:  

(A) $150.00 or; 

(B) the total remainder of the agreement whichever is the lesser 

Note: These fees represent a pre-estimate of the Supplier's administrative and  recruitment costs and financial losses resulting from the early termination. 30 Days’ notice is required for cancellation of all memberships including cancellations  within the minimum term. 

25.ADDITIONAL TERMS IF ACCESS PROVIDED OUTSIDE STAFFED HOURS 

If the Membership type provided includes access to the Centre outside staffed hours,  then the provisions of this clause 25 apply to the membership:  

25.1 Pursuit Muay Thai Centres are unmanned facilities for periods of time and as such  if you participate in activities in these facilities, you are exposing yourself to the  potential for serious injury including death. As such you should take note that your  rights to sue the supplier if you are killed or injured because the activities were not  supplied with due care and skill or were not reasonably fit for their purpose, are (subject  to clause 13) excluded, restricted or modified in the way set out in or on this  Membership Agreement including: 

25.1.1 the Member expressly indicates an understanding of the risks associated with  undertaking activities in an unmanned and unsupervised Centre and hereby releases,  indemnifies and holds harmless Pursuit Muay Thai, their respective owners, officers’  affiliates, agents and employees in the event that I suffer personal loss, an injured or  killed in the Centre; and  

25.1.2 further, the Member provides this release whether it arises from the negligence of  the Centre or otherwise and does so with the intention that this release shall be as  broad and inclusive as the laws of the state allow.  

25.2 Subject to clause 4.3, the Member acknowledges and agrees that they may not  admit guests at any time to the Pursuit Muay Thai Centre. Furthermore, the Member  agrees that if this clause is breached then the following provisions shall apply:  

25.2.1 Upon a first breach the Member's access to the Pursuit Muay Thai Centre may be  immediately suspended for a period of 14 days and/or the Member may be notified that  our billing provider will debit an initial Tailgate Fee of up to $250 from the Member’s  nominated account.  

25.2.2 Upon any subsequent breach the Member may incur another Tailgate Fee of up  to $250 and the Centre may immediately cancel the Member’s membership. In the  event that the membership is cancelled, the Member shall also be liable to and agrees  to pay an appropriate Cancellation Fee (dependant at which State is the Centre located)  or 50% of the remaining membership fees due and payable under the terms of the  agreement, whichever is the lesser, in addition to any Tailgate Fee payable.  

25.2.3 Some areas of the Centre will be locked off outside staffed hours and Members  will not have access. These general areas may include but are not limited to swimming  areas, spa, sauna, childcare areas and office areas. Please check with your facility to  confirm. 

Direct Debt Request (DDR) Service Agreement  

DEBITSUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT  

This DDR Service Agreement is designed to explain what your obligations are when  undertaking a direct debit arrangement involving Debitsuccess. It also details what our  obligations are to you and forms part of the terms and conditions of your Direct Debit  Request and should be read in conjunction with your Direct Debit Request.  

INITIAL TERMS  

I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) (Debitsuccess) APCA User  ID 184534 to make periodic debits on behalf of the “Business” as indicated on Direct  Debit Request. 

I/We acknowledge that if specified by the Business, in addition to the agreed periodic  debits set out in the Direct Debit Request, administration/setup, variation, reversal,  dishonour, or processing fees may also apply and be debited under the Direct Debit Request as instructed by the Business. 

RELATIONSHIP  

I/we acknowledge that Debitsuccess has been contracted by the Business to collect the  payments due under the agreement that I/we have entered into with the Business  pursuant to which I/we have agreed to pay for goods/services provided by the Business  (Agreement). All payments due by me/us to the Business shall be made to  Debitsuccess.  

I/We acknowledge that Debitsuccess is acting as an agent of the Business and that  Debitsuccess does not provide any goods or services, and has no express or implied  liability in relation to the goods and services provided by the Business or the terms and  conditions of any agreement with the Business. I/We acknowledge that Debitsuccess  sole responsibility is to make periodic debits as set out in the Direct Debit Request  

CLEARED FUNDS  

I/We acknowledge that is my/our responsibility to ensure that there are sufficient  cleared funds in the nominated account by, and at all times on, the due date of the  payment (Day to Debit) to enable the direct debit to be honoured on the Day to Debit.  I/We acknowledge and agree that sufficient funds will remain in the nominated account  until the direct debit amount has been debited from the account and that if there are  insufficient funds available when the debit is attempted, I/we agree that I/we will be  responsible for any fees and charges that may be charged by my/our Financial  Institution and by the Business.  

VARIATIONS TO DEBIT TERMS  

I/We authorize Debitsuccess to vary the amount of the payments upon instructions  from the Business, and where such instructions from the Business are received by  Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to  the debit amount.  

I/We acknowledge that Debitsuccess/or the Business is to provide 14 days’ notice if  varying the terms of the debit arrangements otherwise than as provided for herein.  

I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement  must be directed to the Business.  

CANCELLING THESE DEBIT TERMS 

I/We understand that I/we are able to cancel this DDR Service Agreement by requesting  this of the Business or my/our Financial Institution, and I/we acknowledge that  cancellation of the authority to debit my/our account will not terminate my/our  agreement with the Business or remove my/our liability to make the payments I/we have  

agreed to.  

NON-WORKING DAY  

When the Day to Debit falls on a weekend or public holiday the debit will be initiated on  the next working day.  

DISHONOURED PAYMENTS  

I/We acknowledge that:  

a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be  responsible for any fees and charges charged by the Business as a result, in  addition to any Financial Institution charges and collection fees; and 

b) Debitsuccess may attempt to re-process any unsuccessful payments as advised  by the Business and/or add such unsuccessful payment to any future payments. 

ACCURACY OF INFORMATION  

I/We acknowledge that it is my/our responsibility to ensure that the details entered on  the Direct Debit Request are correct and that Debitsuccess is not liable to the extent  that any such details are incorrect and this causes a required payment to be missed. In  addition, where I/we are paying the required payments by credit card and have entered  the details of the credit card on the Direct Debit Request, I/we agree that Debitsuccess  may continue to debit from the credit card in accordance with the terms of this DDR  Service Agreement to the extent that the credit card has expired, and that it is wholly  my/our responsibility to provide details of any replacement credit card to Debitsuccess  via the Business.  

DISPUTES  

I/We acknowledge that any disputes regarding debit payments will be directed to the  Business. If no resolution is forthcoming, I/we understand that I/we are to direct any  such dispute to my/our Financial Institution.  

OTHER AUTHORISATIONS  

I/We authorise:  

a) Debitsuccess to verify details of my/our account with my/our Financial  Institution; and

b) The Financial Institution to release information allowing Debitsuccess to verify  my/our account details. 

c) Any notices to be given to me/us by electronic mail to the email address on the  Direct Debit Request (or any other email address notified in writing by me/us). 

I/we acknowledge that: 

a) This DDR Service Agreement will remain in force and effect in respect of all direct  debits passed to my/our account in good faith notwithstanding my/our  death/bankruptcy or other revocation of this DDR Service Agreement until actual  notice of such event is received by the bank. 

b) Any dispute as to the correctness or validity of an amount debited to my/our  account shall not be the concern of the bank except in so far as the direct debit  has not been paid in accordance with this DDR Service Agreement. Any other  dispute lies between me/us and the Business. 

INFORMATION SECURITY 

We are collecting your personal information for the sole purpose of completing this  direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to  keep your information contained in the Direct Debit Request (including account details)  and any other information that we have about you confidential and secure, and will  ensure that any of our employees or agents who have access to information about you  do not make any unauthorised use, modification, reproduction or disclosure of that  information. You may request access to, and correction of, any personal information  held by Debitsuccess by writing to Debitsuccess at the address below. You  acknowledge that your personal information will be collected, used, held and disclosed  in accordance with the Debitsuccess Limited Privacy Policy found at  https://www.debitsuccess.com.au/privacy-policy 

Debitsuccess will only disclose information that we have about you: 

a) to the extent specifically required by law. 

b) to Financial Institutions participating in the direct debit payment system in  connection with a claim made on it relating to an alleged incorrect or wrongful  debit; or 

c) for the purposes of this Agreement (including disclosing information in  connection with any query or claim). 

Should you have any queries in relation to these terms and conditions contact  Debitsuccess Pty Ltd.  

P.O. Box 577 Mt Waverley, VIC, 3149 

Phone: 1800 148 848  

E-mail: customerservice@debitsuccess.com