1. Terms & Conditions

Welcome to VIVE Club. To ensure that VIVE Club is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. Only sign this Agreement if you understand and agree to abide by these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

2. Introduction

By signing the Agreement you acknowledge and agree:

• You have been given a copy of this Agreement and agree to abide by your obligations in it.

• You must be 18 years of age or older to become a Member of VIVE Club. VIVE Club does not offer memberships to minors.

• You are medically sound to undertake a normal course of exercise. You use the Club facilities at your sole risk and responsibility, and you are aware that exercise is physically demanding and participation in some activities offered by VIVE Club may pose a risk to your health.

• This Agreement also relates to your authority to any Third Party Payment Provider nominated by VIVE Club from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of the nominated Third Party Payment Provider's Direct Debit Request and Service Agreement provided to you.

• As a member, you can use our Club in line with these terms and conditions, including the Club code.

3. Definitions

VIVE Club, Vive, We, Us, Our: MYFIT Family Trust Pty Limited, ABN: 75958083838

You, Your, Member: Refers to the person named on the membership. Members must be 18 years of age or older.

Club: Any VIVE Club location your membership entitles you to visit.

Home Club: The VIVE Club where you joined, as named on your Agreement.

Agreement: This Agreement between VIVE Club and you, under which you will become a member.

Minimum Term: The term specified in your Agreement.

Code: Rules for equipment use, opening hours, and behaviour in the Club, as set out in these terms and conditions and in signage.

Third Party Payment Provider: Stripe, which collects fees due under this Agreement.

Website: The VIVE Club website at www.viveclub.com.au or any replacement site.

Free Time: Periods during which you are not required to pay membership fees but retain usual Club access rights.

Corporate Partners: Companies who hold an agreement with VIVE Club to subsidise membership fees for employees/members.

Periodic Agreement: Ongoing membership until terminated by you or VIVE Club.

Fixed Term Agreement: Membership for a fixed period, renewal requires a new Agreement.

Upfront Membership: Fixed Term Agreement paid in full at commencement.

Late Cancellation / No-Show Fee: The $10 fee referred to in clause 6A, charged where a Group Class (Membership Inclusion) booking is cancelled within the applicable cancellation window or not attended.

Dishonor Fee: The $10 fee referred to in clause 18, charged where a scheduled recurring membership or subscription payment fails and cannot be processed by our automatic retry.

4. Membership Options

Black Membership

Benefits:

• Unlimited access to 24/7 Gym.

• Unlimited Bathhouse access.

• Unlimited Dry Recovery sessions.

• Unlimited Class Access

Platinum Membership

Benefits:

• Unlimited access to 24/7 Gym.

• Bathhouse access: 2 - sessions per week.

• Recovery: 2 - sessions per week.

• Exclusive member access to purchase extra Bathhouse, Dry Recovery Lounge sessions & Class Access

Gold Membership

Benefits:

• Unlimited access to 24/7 Gym.

• Exclusive member access to purchase extra Bathhouse, Dry Recovery Lounge sessions & Class Access

Membership Add-on Passes (Members Only)

• Wellness (Bathhouse – 60 minutes): Single session access.

• Recovery (Dry Recovery – 30 minutes (Time Depends On Recovery Tool)): Single session access.

• Recovery Class (30–45 minutes): Single session access. These classes utilise our Bathhouse facilities.

Membership Add-on Passes expire according to the terms disclosed to you at the time of purchase — see clause 6A (Expiry, Transfer & Refunds of Purchased Sessions & Packs).

5. Cooling-Off Period

New members have 3 business days from the start date of their Agreement to cancel under the cooling-off policy.

6. Booking System Terms

Black tier Members: Unlimited bookings for eligible Group Classes, Bathhouse, and Recovery sessions.

Platinum tier Members: Bathhouse and Recovery access limited to weekly entitlements (2 sessions per week each).

Platinum/Gold: May book and pay for additional single sessions — Bathhouse, Recovery, or Group Class — outside their inclusions.

General Booking Rules:

• No-shows and late cancellations are subject to fees and forfeiture as set out in clause 6A (Cancellation, No-Show, and Fee Schedule) below.

• Bookings are non-transferable and must be made under your membership.

• Exclusive classes/workshops require booking up to 7 days in advance.

• Members may hold a maximum of 5 active bookings.

• Vive members are required to download the app associated with Vive to manage their bookings for Recovery, Bathhouse, Class, and Personal Training sessions. Members can seek assistance from the experienced team at Vive but are encouraged to learn how to use the app.

6A. Cancellation, No-Show, and Fee Schedule

Membership Inclusion Sessions — Bathhouse & Recovery

Applies to Bathhouse and Recovery Lounge sessions included under Black or Platinum Membership, including Red Light Therapy and Compression Boots recovery modalities.

• Sessions may be cancelled free of charge up to 4 hours before the scheduled start time.

• Black Members: no charge applies for a late cancellation or failure to attend ("no-show").

• Platinum Members: a late cancellation or no-show results in forfeiture of that session, drawn from your weekly entitlement.

Group Classes (Membership Inclusion — Black)

Applies to Group Classes included under Black Membership, including Reset Class and Activate Class.

• Classes may be cancelled free of charge up to 4 hours before the scheduled start time.

• Cancellations made within 4 hours of the class, and failure to attend ("no-show"), will incur a $10 fee.

• Each Black Member is entitled to one lifetime waiver of this $10 fee, regardless of membership duration, renewals, or tier changes. This waiver does not reset.

• Medical exemption: Where a late cancellation or no-show is due to illness or injury, the Member may submit a medical certificate confirming this. If submitted before the fee is charged, no fee will apply. If the fee has already been charged (including following staff follow-up on a no-show), it will be refunded upon receipt of a valid certificate.

• By booking a class, the Member authorises VIVE Club to charge this fee to the payment method held on file without further notice.

Purchased Sessions — Bathhouse, Recovery & Group Classes

Applies to additional Bathhouse sessions, Recovery Lounge sessions (including Red Light Therapy and Compression Boots), Group Classes, and any other prepaid session or Casual Pass purchased outside membership inclusions (this will primarily apply to Gold Members purchasing a Casual Pass, and Platinum Members purchasing sessions outside their weekly entitlement).

• Sessions or passes may be cancelled up to 4 hours before the booking at no cost.

• Cancellations made within 4 hours of the booking, and no-shows, result in forfeiture of the session or pass. No additional monetary penalty applies.

Strength Coaching

• Appointments may be cancelled or rescheduled up to 24 hours before the appointment time.

• Cancellations made within 24 hours of the appointment incur a $50 late cancellation fee. The session itself is not forfeited.

• Failure to attend an appointment ("no-show") results in forfeiture of the session from your package.

• Rescheduling requests made within 24 hours may be accommodated at the discretion of the coach, subject to availability.

• A consultation may be required before commencing a coaching package.

Wellness Coaching

• Appointments may be cancelled or rescheduled up to 24 hours before the appointment time.

• No fee applies for a cancellation made within 24 hours of the appointment.

• Failure to attend an appointment ("no-show") results in forfeiture of the session from your package.

• Rescheduling requests made within 24 hours may be accommodated at the discretion of the practitioner, subject to availability.

IV Therapy

• Appointments may be cancelled or rescheduled up to 24 hours before the appointment time.

• A deposit is required to secure all IV Therapy bookings. Deposit amounts vary depending on the treatment selected and are credited toward the cost of your treatment.

• Cancellations within 24 hours of the appointment, and no-shows, result in forfeiture of the deposit.

• Rescheduling requests made within 24 hours may be accommodated at the discretion of the practitioner and are subject to availability.

• Medical certificates do not apply to IV Therapy deposit forfeiture.

• A consultation is required prior to your first IV Therapy treatment.

Expiry, Transfer & Refunds of Purchased Sessions & Packs

Purchased sessions, class packs, coaching packages, and Membership Add-on Passes expire according to the specific terms disclosed to you at the time of purchase. For example, Strength Coaching packages expire 30 days (single session), 3 months (5-session pack), or 6 months (10-session pack) from the date of purchase. Where no specific expiry is disclosed at the time of purchase, the session or pack will expire twelve (12) months from the date of purchase.

Purchased sessions, packs, and coaching packages are non-transferable and non-refundable, except as otherwise expressly stated in these Terms.

Fee Summary Table

Service

Window

Late Cancellation

No-Show

Bathhouse (Membership)

4 hours

Black: No charge; Platinum: Session forfeited

Black: No charge; Platinum: Session forfeited

Red Light Therapy (Membership)

4 hours

Black: No charge; Platinum: Session forfeited

Black: No charge; Platinum: Session forfeited

Compression Boots (Membership)

4 hours

Black: No charge; Platinum: Session forfeited

Black: No charge; Platinum: Session forfeited

Reset Class (Membership inclusion — Black)

4 hours

Black: $10 fee; Platinum/Gold: Session/Pass forfeited

Black: $10 fee; Platinum/Gold: Session/Pass forfeited

Activate Class (Membership inclusion — Black)

4 hours

Black: $10 fee; Platinum/Gold: Session/Pass forfeited

Black: $10 fee; Platinum/Gold: Session/Pass forfeited

Purchased Bathhouse / Recovery Sessions (Gold Pass, Platinum extra)

4 hours

Session/Pass forfeited

Session/Pass forfeited

Strength Coaching

24 hours

$50 fee (session not forfeited)

Session forfeited

Wellness Coaching

24 hours

No charge

Session forfeited

IV Therapy

24 hours

Deposit forfeited

Deposit forfeited

7. General Conditions of Entry & Club Code

• Entry may be refused for abusive/threatening behaviour, intoxication, unauthorised instruction, or unsafe conduct, Non-Member. Including any unreasonable behaviour by members.

• The Club is strictly non-smoking.

• Tailgating incurs a $50 fee.

• Suitable clothing: enclosed sports shoes, no offensive images.

• Towels must be used on all equipment and in classes and services.

• No talking on phones in bathhouse area/recovery zones.

• Parking is at your own risk.

• Only VIVE Club trainers may conduct personal training.

• VIVE Club is Members Only

Membership Access

Your membership and app-based access barcode are personal to you and must not be shared, lent to, or used by any other person. Members must scan their VIVE app barcode at the barcode reader upon entry. Attempting to gain unauthorised access, or allowing another person to use your membership to enter the Club, is a serious breach of these Terms and may result in access suspension or membership termination. VIVE Club may review app scan records, booking records, or CCTV footage when investigating suspected misuse.

Health, Safety & Heat-Based Facilities

Members must complete a Pre-Exercise Questionnaire prior to commencing their membership. Members must inform VIVE Club as soon as possible of any change to their health or medical condition that may affect their ability to safely participate in any activity, service, or treatment offered by VIVE Club, including Bathhouse, Recovery, Coaching, or IV Therapy services. VIVE Club staff are not medical practitioners; general guidance and instruction provided by staff relies on the accuracy of information disclosed by the Member.

Bathhouse, sauna, and other heat-based facilities are used at your own risk. VIVE Club does not recommend that pregnant women, children, elderly persons, individuals with cardiovascular conditions, haemophiliacs, or anyone predisposed to bleeding or impaired sweating use heat-based facilities. If you are unsure whether a heat-based facility is safe for you, please seek medical advice before use.

Media & Recording

Members and guests must not photograph, film, or record any other member, guest, or staff member without their express consent. Mobile phones, cameras, and recording devices must not be used within change rooms, the Bathhouse, Recovery Lounge, or other wet or private areas of the Club. Commercial photography or videography is not permitted without VIVE Club's prior written approval. VIVE Club or its authorised representatives may take photographs or videos for marketing, promotional, or operational purposes in general club areas. By entering the Club, Members acknowledge that this may occur. Members who do not wish to appear in VIVE Club's marketing photography or videography should notify staff, and VIVE Club will make reasonable efforts to accommodate this where practicable.

Food & Beverage

Food and beverages consumed within the Club should be purchased from the VIVE Club café where reasonably available, excluding baby food or items required for medical or special dietary needs. Food and beverages may only be consumed within designated areas of the Club. VIVE Club's café does not serve alcohol.

8. Use of Equipment

Return equipment to its original location. Follow safety instructions. Always use a towel. Ask staff for assistance if unsure. Wipe down equipment after use.

9. Lockers, Valuables & Lost Property

Lockers are available and we recommend to not store valuable items, this is conducted at your own risk. No overnight storage permitted. Lost property is held for two weeks before being donated.

10. Membership Fee Increase

Membership fee may increase according to CPI index.

All membership fees are inclusive of GST. Where the rate of GST or any equivalent government tax changes, your fees may be adjusted accordingly to reflect that change, even during your Minimum Commitment Period.

11. Annual Membership Term

Your annual membership will start on the membership start date recorded when you joined, or as set out on the Website, provided that:

• you have accepted these Terms and completed your Direct Debit authorisation as part of our digital sign-up process (if applicable)

• you have completed a satisfactory Pre-exercise Questionnaire and, if applicable, provided any other medical details of your health and fitness to our satisfaction; and we have received the required payments as set out in your chosen payment plan.

You will be able to access Vive Club and book the bathhouse and recovery sessions from your Membership Start Date.

12. Minimum Commitment Period

Unless otherwise agreed at the time you joined, your annual membership has a minimum commitment period of 12 months from the start of the first billing period following your Membership Start Date (Minimum Commitment Period), unless terminated under these Terms.

Unless otherwise agreed at the time you joined, on completion of your Minimum Commitment Period, your membership will automatically renew on our current pricing at the time of renewal, unless terminated. If you do not wish for your annual membership to renew, you must provide us with at least 5 days' written notice before the end of your Minimum Commitment Period. If we do not receive this notice in time, your membership will renew — however, you will have a 3-day grace period from the start of the new (renewed) term during which you may still cancel with no fees. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.

13. Corporate Partnerships

Discounted memberships may revert to the full rate if the partnership ceases.

14. Legal Responsibility

Members must exercise safely and keep medical information up to date.

Injuries and outside provider services are the member's responsibility.

VIVE Club is not liable for loss, damage, or injury except as required by law.

Outside Providers: Certain services, including IV Therapy and Recovery Classes, are provided by contracted third-party providers (Outside Providers) rather than directly by VIVE Club staff. Any service provided by an Outside Provider is a contract between the Member and that Outside Provider. To the extent permitted by law, VIVE Club is not responsible for the acts, omissions, or services of Outside Providers, and any claim relating to those services should be directed to the Outside Provider directly, whether or not payment for the service was made through VIVE Club.

15. Special Conditions for Certain Membership Types

Free Time: periods of no charge, but do not reduce the minimum term.

Discounted Price: applies for the specified duration, then reverts to standard rate.

16. Upfront Memberships

Upfront Memberships are offered for a fixed term of twelve (12) months, paid in full at commencement.

Renewal: At the end of your membership term, you will have the choice to renew or let your membership expire. You are not required to renew your Upfront Membership. If you choose to renew, your membership will renew at VIVE Club's current pricing at the time of renewal.

Cooling-Off Period: You may cancel your Upfront Membership within three (3) business days of joining by providing written notice to us. If you cancel within this cooling-off period, you will receive a refund for any unused portion of your membership, less any fees applicable to the days already used.

Refunds: Outside of the cooling-off period described above, no refund is provided automatically for any unused portion of an Upfront Membership. However, where your membership ends because: we make changes to your membership Terms that have a material adverse effect on you; you are declared bankrupt; you pass away; or your membership is ended due to exceptional circumstances such as relocation, a significant change in employment, financial hardship, or another substantial life event — and valid supporting documentation is provided, VIVE Club will review the request and may, at its discretion, offer a refund for the unused portion. Refunds under this paragraph are not guaranteed and will be assessed on a case-by-case basis, similar to the medical review process described below.

No-Fault Termination by VIVE Club: Where VIVE Club terminates your Upfront Membership through no fault of yours — for example, permanent closure of the Club with no suitable alternative available, or VIVE Club's own breach of these Terms — VIVE Club will automatically refund the unused portion of your Upfront Membership, calculated on a pro-rata basis. This refund is provided without the need for a request or supporting documentation, and is separate from the discretionary review process described above.

Exception — Medical Reason: Where a Member is unable to use their Upfront Membership due to illness or injury and provides a valid medical certificate confirming this, VIVE Club will offer either a cash refund, or an extension or pause of the membership (time in lieu), for the affected period, as appropriate to the circumstances.

This clause applies to short-to-medium term interruptions covered by a medical certificate. Where a qualified medical practitioner determines a Member is unable to participate in exercise, wellness, or recovery treatments for a period exceeding six (6) months, the Member may cancel their membership entirely, provided supporting documentation from a medical professional is given.

Freeze: Upfront Memberships are eligible for the standard Membership Freeze entitlement: a maximum of four (4) weeks per year, extendable with valid proof, submitted at least three (3) days prior. Freezing does not reduce your 12-month term and does not entitle you to any refund.

Price Protection: Your Upfront Membership rate is fixed for the 12-month term you have paid for. Any CPI-based fee increase will only apply from your next renewal.

17. Privacy

The information you provide when you join is used for the purpose of providing your annual membership and collecting any membership fees. The information may be disclosed to our contractors for the purpose of collecting your memberships fees. If you do not provide all of the information requested we may not be able to provide you with an annual membership to Vive. From time to time we may need send you essential information about your annual membership or use of Vive. We would also like to send you marketing and other related information (for example, information about wellbeing) relevant to your Vive annual membership from time to time and we will only do this with your consent. If the information you provided when you joined changes please let us know as soon as possible by emailing Privacy Officer at Memberships@viveclub.com.au. You can read more about how we collect, use and disclose your personal information in our Privacy Policy which is available at https://viveclub.com.au/privacy-policy.

18. Membership Payments & Fees

Annual membership fees are paid in advance on a weekly, or annual basis depending on your membership type and the payment option you chose when joining. Your membership entitles you to maintain a membership account with us, use Vive facilities and services and book and attend group exercise classes according to your membership type. Some benefits will not be available to all membership types. As a Vive member you are personally responsible for payment to us of your membership fees and any other ongoing payments agreed at the time you joined, as they fall due. As a member, your annual membership fees are payable for the whole of your Minimum Commitment Period at the total cost agreed when you joined.

For memberships paid on a recurring (e.g. weekly or fortnightly) basis, fees must be paid by automatic recurring charge to a credit or debit card, or by bank account direct debit, as authorised when you joined. One-off or manual payments, including cash, are not accepted for recurring membership fees. VIVE Club is a cashless business — Upfront Memberships, which are paid in full at commencement, may be paid by credit card or debit card only.

Your membership fees are fixed for the initial Minimum Commitment Period unless Notified. All membership fees are reviewed annually. You have the ability to cancel your annual membership at the end of your Minimum Commitment Period. If membership fees change, members will be notified by email 30 days before the fee change becomes effective. Where we notify you of a change in fees and you do not agree to the change, acting reasonably, you may terminate your membership on 30 days written notice at no cost. A change in annual membership fees will not occur during the Minimum Commitment Period except for Consumer Price Index (all Melbourne) increases or in certain circumstances where there are unforeseeable increases in costs to Vive. If your membership fees are not paid on the due date, you will be notified in writing that your membership fees are outstanding.

Dishonored Payments

This applies to recurring membership and subscription payments only. It does not apply to one-off session purchases, deposits, or the $10 late-cancellation/no-show fees under clause 6A.

• If a scheduled recurring payment fails and our system's automatic retry is unable to process it, a $10 dishonor fee will apply, in addition to the outstanding amount owing, and our team will follow up directly with the Member to arrange payment.

• Medical certificates do not exempt or refund the dishonor fee.

• The dishonor fee, together with the original outstanding amount, will be charged to the payment method on file once the matter is resolved.

If a scheduled payment is missed, your access to VIVE Club will be automatically suspended until the outstanding amount is paid in full. This is an access suspension only — it does not cancel or terminate your membership. Membership fees will continue to accrue during a period of access suspension unless otherwise confirmed and approved by the General Manager. We will collect any outstanding amounts and any charges we incur from late payment through your Direct Debit authorisation (if applicable). If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us at reception. If your membership fees remain outstanding for one month, VIVE Club may refer the outstanding amount to debt collection in accordance with clause 19 (Debt Collection), and we may revoke your membership rights as determined by VIVE Club acting reasonably.

Unpaid fees may result in access suspension, referral to debt collection, or termination of membership.

19. Debt Collection

Members authorise VIVE Club to notify third-party collectors if default occurs.

20. Cancellation/Termination

You may cancel your annual membership during your Minimum Commitment Period without penalty only in the following circumstances:

A. Material Changes to Membership Terms

If we make changes to your membership Terms during your Minimum Commitment Period that have a material adverse effect on you (for example, a significant financial impact), you may request to terminate your membership. We may reasonably request supporting evidence.

B. Medical Incapacity

If a qualified medical practitioner determines that you are unable to participate in exercise, wellness, or recovery treatments for a period exceeding six (6) months, you may cancel your membership. Supporting documentation from a medical professional must be provided.

C. Bankruptcy

If you are declared bankrupt, you may terminate your membership upon providing reasonable evidence, including relevant court documentation or orders.

D. Death

Your membership may be cancelled immediately in the event of your death.

E. Cooling-Off Period

You may cancel your membership within three (3) days of joining by providing written notice to us. If you cancel within this cooling-off period, your membership will be terminated and any applicable fees up to the date of cancellation may still be payable.

F. Flexible Early Termination (Exceptional Circumstances)

At Vive, we understand that unexpected life circumstances may arise. In genuine exceptional circumstances — including relocation, significant changes in employment, financial hardship, or other substantial life events — we may, at our sole discretion, consider an early termination request.

Requests must be submitted in writing and may require reasonable supporting documentation. Where approved, an early exit fee may apply. Any fee and final amount owing will be communicated upon review.

As a community-focused facility with limited memberships, this policy supports fairness, consistency, and the personalised experience we aim to provide.

G. Notice of Cancellation After Minimum Commitment Period

Once your Minimum Commitment Period has ended, you may cancel your membership by providing at least three (3) days' written notice prior to your next scheduled direct debit. Your membership will remain active until the end of your current billing cycle, and fees for that billing cycle remain payable in full.

Minimum Commitment Period

Following the expiry of the cooling-off period, your membership is subject to a twelve (12) month minimum commitment period. If you choose to cancel your membership before the end of this period for any reason other than those listed in clauses A–D, or approved under clause F, you will be required to pay the remaining balance of your membership commitment in full before cancellation is processed.

To cancel your membership, all requests must be submitted in writing via email to Memberships@viveclub.com.au

21. Membership Freeze

• Maximum 4 weeks per year, extendable with valid proof.

• Freeze requests must be submitted at least 3 days prior.

• Freeze does not reduce the minimum term.

• Freezing your membership has no charge.

Facility Disruption: If a facility included in your membership becomes unavailable for more than three (3) consecutive days due to maintenance, repairs, or other disruption, VIVE Club will pause your membership for the duration of the disruption. This pause does not draw on your standard annual freeze entitlement above and does not reduce your membership term.

22. 24/7 Terms of Entry

Safety induction required.

No unauthorised access; $50 tailgate fee applies.

23. CCTV

By entering, members consent to filming and data storage in accordance with the Privacy Policy. CCTV monitors the Club.

24. Additional Safety Measures

VIVE Club may implement health and safety measures. Compliance is required for entry.

25. Staying Up To Date With Your Terms

Terms may change with 30 days' notice unless the change is immaterial or beneficial.

26. Contract Transfer/Upgrade & Downgrade

VIVE Club may assign obligations to another party with 30 days' notice.

Membership Upgrades & Downgrades: Members wishing to upgrade or downgrade their membership should contact VIVE Club staff directly to discuss available options.

Membership Transfer: A Member may request to transfer their membership into the name of another eligible person, subject to approval by VIVE Club. Transfer requests must be submitted in writing and may be subject to an administration fee. The transferee must meet all membership eligibility requirements and complete the standard sign-up process before the transfer takes effect.

27. Theft

All members are responsible for their own personal property whilst at Vive. We will not accept liability for damage or loss to a member's or guest's personal property brought onto Vive's premises. Members and guests take their own risk with all activities and bookings. Theft of any property or amenity in the business will not be tolerated by members or guests. If you are suspected or found to have undertaken any form of theft then you will be deemed to be in breach of these Terms.

28. Breach of these Terms or Club Standards

Where a Member or guest fails to comply with these Terms, our Club Standards, or otherwise behaves in a way that is illegal or that we consider inappropriate, VIVE Club may take action proportionate to the nature and seriousness of the issue, which may include:

• a verbal or written warning;

• requiring the person to leave the Club, or refusing entry;

• suspending access to a particular facility or service;

• suspending the membership (access suspension only — the membership is not cancelled and fees continue to apply, as set out in clause 18); or

• terminating the membership entirely.

Serious misconduct — including violence, theft, or serious or wilful misconduct — may result in immediate access suspension or termination without prior warning where reasonably necessary to protect the safety, wellbeing, or enjoyment of members, guests, or staff. Where appropriate, VIVE Club will give the Member an opportunity to respond before further action is taken. If your annual membership is terminated during a billing period, your membership fees are due up until the end of that billing period.

29. Complaints

Any complaints in relation to Vive must be made in writing addressed to Vive Manager/Staff via email: Memberships@viveclub.com.au

30. Privacy Policy

Personal information is used in accordance with the Privacy Policy. Marketing may occur unless opted out.

31. Entire Agreement

This Agreement, annexures, and Special Terms on the website constitute the full agreement.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

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 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

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 exclusion of these statutory guarantees is brought to your attention by 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.

Liability

Without limitation to any other terms which are implied into this Agreement or by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

Force Majeure

Neither VIVE Club nor the Member will be liable for any failure or delay in performing their obligations under these Terms where this is caused by circumstances beyond their reasonable control, including natural disasters, pandemics, government restrictions, industrial action, or other similar events (a Force Majeure Event). Where a Force Majeure Event prevents VIVE Club from providing access to the Club, membership fees will be paused for the affected period. If a Force Majeure Event continues for more than six (6) months, either party may terminate the membership by written notice.

Amendment of Terms

We may amend the Terms applying to your membership from time to time. If we do, we will provide you 30 days written notice and display the updated terms and conditions on our website. Your continued use of Vive constitutes acceptance of the amended Terms. If you do not agree to any amendments you must stop using Vive. In circumstances where you are materially adversely affected by the amended Terms (for example, the proposed amendments would have a serious financial impact on you), you may cancel your membership without penalty. We may ask you to substantiate a request to terminate under these circumstances, acting reasonably.

This Agreement is governed by the laws of Victoria.

I have read, understood and agree to the Terms & Conditions.