TH7 BodyLabs Membership Agreement

Why You’re Reading This Document

The following Clinic Membership Agreement (the “Agreement”) will clearly communicate our expectations in having you as part of our community. If you have any questions please let us know as we want to make sure we are all on the same page moving forward.

In exchange for membership access to TH7 Body Labs’s clinic, you agree to be bound by the following conditions.

Parties. This Agreement is made between TH7 Body Labs Pty Ltd, a proprietary limited company operating out of the province of Queensland (“TH7 Body Labs”, “we”, “our”, and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” to this Agreement (“you” and “your”).
Services. We promise to provide you with access to our clinic and the full use of our facilities, as well as access to our regularly scheduled classes at TH7 Body Labs (the “Membership”) according to the terms outlined in Schedule “A” Memberships below.
Term. This Agreement will be binding upon your Membership payment and will last for the time specified in Schedule “A” Memberships below or as specified online or as agreed upon between us (the “Term”). You can decide to renew the Term of this Agreement as many times as you would like.
Membership Cancellation. To cancel your Membership, please inform TH7 Body Labs 14 days prior to the desired termination date by sending us an email to members@th7bodylabs.com with your full name, membership type, and reason for cancellation.
Our Commitment to You. Through your Membership, TH7 Body Labs is committed to providing you with the best science driven recovery techniques tailored for those who are looking to reduce soreness, increase mental clarity, enhance sleep and improve overall quality of life.
Scheduling. Please consult TH7 Body Labs or refer to our available schedule of classes for the exact scheduling and time of our classes. All bookings must be made online to ensure your spot is available to you.
Payment. You agree to pay the price, including the possibility of incremental payments (“Incremental Payment”), of the Membership as outlined below in Schedule “A” (the “Payment”). All Payments, prices and costs are in AUD.

The Payment price outlined in Schedule “A” is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement.
Payment is due upon completed purchase of the Membership and must be made in full prior to the start of your Membership.

Incremental Payments. If your method of Payment includes Incremental Payments, you authorise TH7 Body Labs to maintain your account information and charge that account automatically upon the renewal of the Membership with no further action required by you.

TH7 Body Labs will charge your method of payment as outlined in Schedule “A” for the Incremental Payment. We will not notify you before the Payment charge.

Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.
Legal Fees. You will be responsible for any and all legal fees incurred by TH7 Body Labs regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).
Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that TH7 Body Labs may contract a collection agency to collect the money from you.
No Guarantees. TH7 Body Labs cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, services and protocols support to achieve your goals, but any success and results ultimately depends on your commitment.
Code of Conduct. You agree to be mindful and respectful during the services and duration of your Membership. This includes respecting other members of TH7 Body Labs in their fitness journey and taking care when using the facilities. You also agree to comply with our clinic protocol, policies and guidelines, as updated from time to time on our website or posted on-site.
Clinic Closure. If our clinic and facilities are forced to close due to COVID-19, a natural disaster, or other unavoidable circumstance, the Membership freezes until the clinic can reopen.
Force Majeure. TH7 Body Labs will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of TH7 Body Labs, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.
Substitute Services. TH7 Body Labs has the right to substitute services. This means that if we ever need to switch to online classes or asynchronous virtual offerings due to circumstances beyond our control, we have the right to such a substitution for in person classes.
Waiver. Before your Membership can begin, you must sign our Waiver Agreement form. Please read it and make sure you understand it. You need to sign that form as well as this Agreement so that we can be absolutely sure you understand and agree to it.
COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor and we urge you not to visit our facilities. You further agree to follow the relevant guidelines and comply with our policies around COVID-19, including use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.
Media Release. We think you’re incredible and would love to show you off! By being a member at our clinic and through your Membership, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our clinic or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.
Indemnity. You hereby fully indemnify TH7 Body Labs Pty Ltd and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death or personal injuries. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused including as a result of TH7 Body Labs’s negligence, provided that where TH7 Body Labs has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of Queensland. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of Queensland. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by TH7 Body Labs of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

Thank you for taking the time to read this. Let’s begin!

I agree that I have read this Client Membership Agreement and fully understand its contents and voluntarily agree to be bound to all of its terms.

Printed Name*

First NameLast Name

Email*

example@example.com

Phone Number*

Area CodePhone Number

Date*

Date

Signature*