VIVE Club Terms and Conditions

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 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, and includes the parent or guardian of the Member if under 18 years.

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.

4. Membership Options

Black Membership

Benefits:

Unlimited access to 24/7 Gym.

Unlimited Bathhouse access.

Unlimited Dry Recovery sessions.

Free Access to Breath Work Sessions.

3 Body Scans per year.

Bring a friend for the full experience twice per month.

Access to free programs and workouts on the member app.

Platinum Membership

Benefits:

Unlimited access to 24/7 Gym.

Bathhouse access: 2 - sessions per week.

Recovery: 2 - sessions per week.

1 Complimentary Body Scan per year.

Access to free programs and workouts on the member app.

Bring a friend for the full experience once per month.

Gold Membership

Benefits:

Unlimited access to 24/7 Gym.

1 complimentary Body Scan per year.

Access to free programs and workouts on the member app.

Membership Add-on Passes (Members Only):

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

Recovery (Dry Recovery – 30 minutes): Single session access.

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 classes and recovery sessions.
Platinum tier Members: Up to 2 active bookings at one time. Bathhouse and Dry Recovery limited to weekly entitlements.
Platinum/Gold : May book and pay for a single session, Bathhouse, or Recovery).
General Booking Rules:
Cancellations must be made at least 1 hour prior.
No-shows or repeated late cancellations may result in suspension of booking privileges or fees.
Bookings are non-transferable and must be made under your membership.

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 $100 fee.
Pools and sauna use is at your own risk.
Suitable clothing: enclosed sports shoes, no offensive images.
Towels must be used on all equipment and in classes and services.
Camera use is not permitted without permission.

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

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 but not secure. No overnight storage permitted. Lost property is held for two weeks before being donated. Store at your own risk.

10. Membership Fee Increase
Membership fee may increase according to. CPI index.

11. Annual Membership Term
Your annual membership will start on the membership start date set out on your Membership Form or Web Page, provided that:
you have accepted these Terms, your Membership Form, and your Direct Debit Form (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 Membership Form.
You will be able to access Vive and book the bathhouse and recovery sessions from your Membership Start Date.

12. Minimum Commitment Period
Unless otherwise stated on your Membership Form, 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 specified in the Membership Form, on completion of your Minimum Commitment Period on the end date set out in your Membership Form, 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 be renewed, you must provide us with notice that you wish for your membership to end on the expiry of the Minimum Commitment Period which we must receive at least 5 days prior to the end of your Minimum Commitment Period. You have a 3 days grace period at the end of your Minimum Commitment Period during which you may cancel your renewed annual membership 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.

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. Renewing Upfront Membership
Renewals are at the current rate. Refunds for unused portions are subject to applicable fees.

17. Privacy
The information you provide on the Membership Form 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 submitted on your Membership Form 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 selected on your Membership Form. 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 set out in your Membership Form 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 set out in your Membership Form. You may only pay your membership fee in advance by direct debit or periodic credit card authority under your Direct Debit Form. No other form of payment will be accepted. 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. If your membership fees remain outstanding for more than 7 days, you will not be able to access Vive. Any failed payment fees will be passed onto the member and missed payments will have 2 weeks to make-up this payment before being put onto probation. A member can stay on payment probation for one month, with payment still being due for the missed payments. We will collect any outstanding amounts and any charges we incur from late payment through your Direct Debit Form (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 and for recurring membership types in accordance with the dispute procedure set out in the Direct Debit Form. If your membership fees are outstanding for one month, we may revoke your membership rights as determined by Vive acting reasonably.

19. Overdue Fees & Revocation of Membership
Unpaid fees may result in suspension or termination of membership.

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

21. Cancellation / Termination
You may cancel your annual membership within your Minimum Commitment Period, and no fee will be payable, in the following circumstances:

A. We vary the Terms of your membership during your Minimum Commitment Period (as set out below), and the Terms as amended, have a material adverse effect on you (for example, the proposed amendments would have a serious financial impact on you). We may ask you to substantiate a request to terminate under these circumstances, acting reasonably

B. A medical practitioner deems that you are unable to participate in exercise or wellness/recovery treatments for a period longer than 6 months. Supporting documentation is to be provided by a medical professional

C. You are declared bankrupt and you provide us with reasonable evidence, such as copies of Court documentation or orders.

D. You die.

E. 3 Day cooling off period

Your membership will terminate at the end of the current billing date provided that we receive your notice at least 3 days prior to the start of the next billing date. If your membership is cancelled during a billing period, your membership fees are due for the whole of the billing period. Your cancellation will take effect from the first direct debit date after we receive your notice of termination and the administration fee. If you request to cancel your membership before the end of your 12-month Minimum Commitment Period for any reason outside of those stated above, you must pay out the remainder of your contract in full before the cancellation is processed.
To cancel your membership, you are required to provide a cancellation request which must be submitted to us by emailing: Memberships@viveclub.com.au

If you wish to cancel your membership during the minimum commitment period without cause, you must submit your cancellation request in writing via email to Memberships@viveclub.com.au A cancellation fee will apply, calculated based on the remaining balance of your membership commitment at the time of cancellation. The cancellation fee and final amount owing will be communicated to you upon receipt of your cancellation request.

22. 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.

23. 24/7 Terms of Entry
Safety induction required.
No unauthorised access; $100 tailgate fee applies.

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

25. Additional Safety Measures
VIVE Club may implement health and safety measures. Compliance is required for entry.

26. Staying Up To Date With Your Terms
Terms may change with 30 days’ notice unless the change is immaterial or beneficial.

27. Bookings
Exclusive classes require booking up to 7 days in advance.
Members may hold a maximum of 5 active bookings.
Cancellations must be made at least 1 hour before class.
Vive members are required to download the app associated with Vive to manage their bookings for Recovery and Bathhouse sessions. Members can seek assistance from the experienced team at Vive but are encouraged to learn how to use the app.

28. Contract Transfer/Upgrade & Downgrade
VIVE Club may assign obligations to another party with 30 days’ notice.

Members can choose to upgrade their current membership to a higher tier by letting a staff member know. Downgrades refer to a senior staff. Membership downgrade could be the cause of financial hardship, loss or damage to physical being. 

29. 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.

30. Breach of these Terms or Club Standards.
If you use Vive Contrary to these Terms or our Club Standards or otherwise behave in a way that is illegal or that we consider to be inappropriate, we may ask you to leave or refuse you entry to Vive at any time and review your membership. This review may result in your membership being suspended or terminated effective immediately or as otherwise determined by us in our absolute discretion, by emailing or writing to you at the contact addresses we have on our records. If your annual membership is terminated during a billing period, your membership fees are due up until the end of that billing period.

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

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

33. 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.
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.