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Terms & Conditions of Use

TERMS AND CONDITIONS OF USE Version 1.3

Effective Date: 12 December 2025

GymGoer Pty Ltd (ACN 680 858 440)

1. DEFINITIONS

In these Terms and Conditions (“Terms”), unless the

context otherwise requires:

• “Application” means the GymGoer mobile platform

and associated services;

• “Member” means a registered user of the

Application;

• “Participating Venue” means any gym, studio,

class provider or recovery or wellness facility that

has entered into an agreement with GymGoer to

accept Passes, bookings, or redemptions;

• “Class” means a timetabled instructor-led session

offered by a Participating Venue (including boutique

fitness classes);

• “Class Booking” means a reservation made

through the Application to attend a Class;

• “Booking” means a Class Booking or any other

reservation-enabled service made through the

Application;

• “SMS Verification” means the one-time password

and phone verification process used to confirm

account access and reduce fraud;• “Pass” means a time-limited, non-transferable

digital entitlement issued through the Application

that permits a Member to access a Participating

Venue for eligible fitness and/or wellness services,

including gym facilities and recovery or wellness

services, subject to these Terms and any venue-

specific conditions;

• “Services” means all services offered via the

Application;

• “Credits” means non-cash account credits issued

by GymGoer (including referral rewards or

discretionary credits), redeemable only through the

Application, subject to the Refund and Cancellation

Policy;

• “ACL” means the Australian Consumer Law as set

out in Schedule 2 of the Competition and Consumer

Act 2010 (Cth);

• “Stripe” means the third-party payment gateway

utilised by GymGoer for processing transactions;

• “AppsFlyer” means the third-party mobile

attribution and analytics provider integrated into the

Application;

• “Tracking Technologies” means cookies, SDKs,

pixels, and similar tools used to collect information

about device usage, app installs, and referral

activity;

• “Wellness Partner” means a Participating Venue

that provides wellness or recovery services;

• “Wellness Services” means activities provided by

a Wellness Partner that involve exposure to heat,

cold, light, or other recovery modalities;•

“Subscribing Gym” means a Participating Venue

that operates a gym or fitness facility;

• “Minor Member” means a Member aged 16 or 17

years;

• “Guardian” means a parent or legal guardian of a

Minor Member who has legal authority to consent on

the Minor Member’s behalf;

• “Guardian Consent” means the verified consent

provided by a Guardian through the Application,

including submission of identification documents

and acceptance of these Terms, the Waiver, and the

Privacy Policy;

• “Staffed Hours” means periods during which a

Subscribing Gym has staff physically present on

site;2. AGREEMENT

2.1 These Terms govern access to and use of the

Application. By using the Application, Members and

Participating Venues agree to be bound by these

Terms and GymGoer’s Privacy Policy, as amended

from time to time.

2.2 GymGoer may amend these Terms at any time.

Unless required earlier for legal compliance, safety,

security, fraud prevention, or to protect Participating

Venues or Members, changes will take effect fourteen

(14) days after notice is provided via the Application.

2.3 Continued use of the Application after the effective

date of any amended Terms constitutes acceptance.

Where a Member is a Minor Member, acceptance

must occur in accordance with the Guardian Consent

process, and GymGoer may require renewed

Guardian Consent where amendments materially

affect Member rights, obligations, safety, or risk

allocation.3. REGISTRATION

3.1 A person may become a Member or Participating

Venue by creating an account and providing accurate,

complete, and up-to-date information, including but

not limited to: name, email address, phone number,

location, age, identification, and a password.

3.1A Members may be required to complete SMS

Verification to create an account, access the

Application, or confirm sensitive actions (including

bookings, cancellations, purchases, or account

changes).

3.1B Members must maintain control of the phone

number linked to their account and must not

circumvent, interfere with, or misuse SMS Verification.

GymGoer may suspend or terminate accounts where

it reasonably suspects misuse, fraud, or unauthorised

access.

3.2 Registration is available to:

(a) individuals aged 18 years or over who have legal

capacity to enter binding legal agreements; and

(b) individuals aged 16 or 17 years, provided that

Guardian Consent has been obtained and approved

by GymGoer.

3.3 Minor Members may only access Participating

Venues during Staffed Hours where applicable and

are subject to any additional rules, restrictions,

supervision requirements, or refusal of entry imposed

by a Participating Venue at its discretion

.3.4 GymGoer reserves the right to approve, reject,

suspend, or revoke Minor Member access at any time,

including where identification cannot be verified or

where safety or legal concerns arise.

3.5 You must not impersonate others or share your

account.

3A. MINOR MEMBERS AND GUARDIAN

RESPONSIBILITY

3A.1 Where a Member is a Minor Member, the

Guardian enters into these Terms as the contracting

party on behalf of the Minor Member and accepts full

legal responsibility for the Minor Member’s use of the

Application and Services.

3A.2 The Guardian warrants that:

(a) they are the lawful parent or legal guardian of the

Minor Member;

(b) all information and identification provided is

accurate and current; and

(c) they consent to the Minor Member participating in

fitness, wellness, and recreational activities.

3A.3 The Guardian agrees to be bound by these

Terms, the Waiver, and the Privacy Policy and to

indemnify GymGoer in accordance with Clause 11 for

any acts or omissions of the Minor Member.

3A.4 Guardian Consent does not guarantee entry to

any Participating Venue. Participating Venues retain

absolute discretion to refuse entry to Minor Members.4. OBLIGATIONS OF MEMBERS

4.1 Members must:

(a) Maintain the confidentiality of account credentials;

(b) Use the Application for lawful purposes and as

intended;

(c) Not share or transfer their account;

(d) Adhere to the rules and policies of each

Participating Venue;

(e) Accept digital waivers and assume responsibility

for participation in physical activity;

(f) Not engage in harassing, defamatory, unlawful or

disruptive conduct;

(g) Not attempt unauthorised access to systems or

data;

(h) Only post content that is accurate, non-misleading,

and lawful;

(i) Acknowledge and consent to the collection and use

of their data by GymGoer and third-party providers

(including AppsFlyer) in accordance with the Privacy

Policy.

(j) If the Member is a Minor Member, comply with all

Guardian-imposed conditions, Participating Venue

rules, supervision requirements, and Staffed Hours

restrictions.

(k) Not make any Booking on behalf of another person

and not transfer or share any Booking, Pass, QR

code, or entry mechanism.

(l) Comply with all Participating Venue rules relating to

Bookings, including punctuality, class participation

requirements, safety instructions, and hygiene

requirements for recovery facilities.

5. OBLIGATIONS OF PARTICIPATING VENUE

5.1 Participating Venues shall:

(a) Be a registered and insured fitness, wellness, or

recovery business;

(b) Provide and maintain accurate business and

facility details, including details of wellness and

recovery services offered (e.g., sauna, ice bath,

cryotherapy, red-light therapy);

(c) Honour all confirmed bookings made through the

Application;

(d) Accept digital waivers provided via the Application;

(e) Maintain public liability coverage with a minimum

of $10 million and professional indemnity insurance

with a minimum coverage of $1 million, and provide

documentation upon request;

(f) Treat GymGoer Members as regular patrons and

not offer lower pricing outside the Application;

(g) Comply with applicable health, safety, and

consumer laws, including specific regulations

governing heat, cold, and light exposure facilities;

(h) Ensure wellness and recovery equipment is

operated, maintained, and sanitised in accordance

with industry standards and manufacturer guidelines;

(i) Provide clear safety instructions, warnings, and

usage guidelines for all wellness and recovery

services prior to Member participation;

(j) Ensure staff are adequately trained to supervise

services and respond to adverse health events

(including heat exhaustion, hypothermia, fainting, or

related incidents);

(k) Comply with all privacy and data protection laws

when handling Member data;

(l) Implement reasonable safeguards to protectMember data against unauthorised access,

disclosure, or misuse.

(m) promptly notify GymGoer of any Class schedule

changes, instructor changes, venue closures, or

cancellations that may affect Bookings.

(n) honour confirmed Bookings unless reasonably

required to cancel due to safety, venue capacity,

instructor unavailability, equipment failure, or

circumstances outside reasonable control.

(o) comply with GymGoer’s check-in and Booking

verification processes (including QR check-in where

applicable).

5.2 GymGoer may terminate gym or wellness

partnerships for breach of these obligations or for user

complaints that pose a risk to Member safety or legal

compliance.

6. LIABILITY WAIVER - FITNESS, CLASSES,

WELLNESS, AND RECOVERY SERVICES

6.1 The Member acknowledges that participation in

fitness, class-based, wellness, and recovery activities

(including but not limited to gym exercise, Classes,

studio-based sessions, sauna, ice bath, cryotherapy,

red-light therapy, and similar activities) at or through a

Participating Venue involves inherent risks of injury,

illness, or death.6.2 GymGoer operates solely as a technology

platform facilitating access to Participating Venues

and does not provide, operate, control, manage,

supervise, instruct, or deliver any fitness, class,

wellness, or recovery services. All such services are

provided exclusively by Participating Venues.

6.3 To the maximum extent permitted by law, including

section 139A of the Competition and Consumer Act

2010 (Cth) and section 22 of the Australian Consumer

Law and Fair Trading Act 2012 (Vic), the Member

agrees that GymGoer excludes all liability for death or

personal injury suffered by the Member arising from

the supply of recreational services by a Participating

Venue, except to the extent that such liability cannot

lawfully be excluded.

6.4 Each Participating Venue is solely responsible for

the safety, condition, operation, supervision, and

maintenance of its premises, equipment, staff,

instructors, classes, wellness facilities, recovery

services, and any related warnings, instructions, or

safety information provided to Members.6.5 Where the Member is a Minor Member, the

Guardian acknowledges and agrees that:

(a) the Guardian has reviewed and accepted this

waiver on behalf of the Minor Member;

(b) the Guardian consents to the Minor Member

participating in fitness, class-based, wellness, and

recovery activities at Participating Venues;

(c) the Guardian assumes full responsibility for the

Minor Member’s participation in all such activities; and

(d) GymGoer does not provide supervision,

instruction, monitoring, or oversight of Minor

Members, including in relation to Classes or recovery

services at any Participating Venue.7. PASSES

7.1 Passes are:

(a) Activated only upon first check-in;

(b) Valid for one entry per calendar day for the

relevant duration (e.g., 1-day, 3-day, 7-day, 14-day,

28-day);

(c) Non-transferable, non-pausable, and non-

extendable;

(d) Subject to the Participating Venue’s hours of

operation, capacity, and entry rules;

(e) Redeemable for fitness facilities and/or Wellness

Services offered by participating venues, where

available;

(f) Subject to additional conditions imposed by

Wellness Partners, including mandatory pre-booking,

maximum usage times, supervision requirements, or

health eligibility restrictions;

(g) Not a guarantee of access to specific equipment or

services at a particular time, as availability may vary;

(h) Revocable at GymGoer’s discretion in cases of

misuse, breach of rules, or behaviour that endangers

health, safety, or facility operations.

(i) For Minor Members, Passes are valid only during

Staffed Hours where applicable and may be subject to

additional conditions imposed by Participating

Venues, including supervision requirements or age-

based restrictions.

(j) A Pass must be activated (first check-in) within

thirty (30) days of purchase, otherwise it will expire

and become unusable, subject to the ACL and the

Refund and Cancellation Policy.(k) Multi-day Passes (including 3-day, 7-day, 14-day,

28-day) run on consecutive calendar days from the

date of first check-in (activation) and expire at the end

of the final calendar day.

7A. CLASSES AND BOOKINGS

7A.1 The Application may allow Members to make

Bookings for Classes or other scheduled services

offered by Participating Venues.

7A.2 Bookings are personal, non-transferable, and

may only be used by the Member who made the

Booking.

7A.3 Participating Venues control capacity,

scheduling, instructor allocation, and class

participation requirements. Classes may be changed,

rescheduled, substituted, or cancelled by Participating

Venues.

7A.4 GymGoer does not guarantee that any Class will

run as advertised, that a specific instructor will deliver

the Class, or that any particular equipment or facility

will be available.

7A.5 Where a Class is added or managed manually

(including by GymGoer staff based on information

provided by a Participating Venue), GymGoer does

not warrant the completeness or accuracy of that

information and the Participating Venue remains

responsible for delivery of the Class.

7A.6 Members must comply with Participating Venue

rules for late arrival, participation eligibility, safety

requirements, and any refusal of entry.7A.7 Cancellations, late cancellations, no-shows, and

any fees or credits (if applicable) are governed by the

Refund and Cancellation Policy.

7.2 “Calendar day” refers to the local time at the

relevant Participating Venue.

8. PAYMENTS, CANCELLATIONS AND REFUNDS

8.1 All payments are processed through Stripe. Use of

the Services constitutes agreement with Stripe’s terms

and conditions.

8.2 Prices, cancellations, refunds, credits, late

cancellations, no-shows, and expiry rules are

governed by the GymGoer Refund and Cancellation

Policy, as updated from time to time.

8.3 Nothing in these Terms excludes, restricts, or

modifies any rights or remedies available under the

ACL that cannot lawfully be excluded.

8.4 Credits issued via the Application are non-

refundable and non-redeemable for cash.

9. PRIVACY AND DATA9.1 GymGoer collects and handles personal

information in accordance with the Privacy Act 1988

(Cth), the Australian Privacy Principles, and its Privacy

Policy.

9.2 By using the Application, you consent to:

(a) The collection, use, and disclosure of your

personal and sensitive information as set out in the

Privacy Policy;

(b) The use of third-party analytics and attribution

platforms (including AppsFlyer), which may process

device identifiers, referral data, purchase event data,

and engagement metrics;

(c) Automated decision-making where applicable,

limited to fraud prevention, app performance analysis,

and user recommendations;

(d) Overseas disclosure of personal information to

jurisdictions including the United States, Israel,

Singapore, and the European Union;

(e) Storage and processing of your information by

third-party service providers.

(f) the collection, storage, and verification of

identification documents for Minor Members and their

Guardians for age verification, consent, fraud

prevention, and legal compliance purposes, in

accordance with the Privacy Policy.

(g) receiving transactional communications (including

SMS) necessary to operate the Application, verify

accounts, prevent fraud, confirm purchases, and

manage Bookings.

9.3 Subscribing Gyms must comply with applicable

privacy laws when handling Member data.10. INTELLECTUAL PROPERTY

10.1 All intellectual property in the Application is

owned or licensed by GymGoer.

10.2 Users may not reproduce, modify, or distribute

content except as authorised by GymGoer.

10.3 By submitting content via the Application, you

grant GymGoer a royalty-free, perpetual, worldwide

licence to use and adapt such content.

10.4 Subscribing Gyms grant GymGoer a non-

exclusive licence to use logos, images, and listings for

promotional purposes.

11. INDEMNITY

11.1 You agree to indemnify GymGoer Pty Ltd and its

officers, employees, and agents against all claims,

losses, liabilities, legal costs and damages arising

from:

(a) Your breach of these Terms;

(b) Your use or misuse of the Application or Services;

(c) Any injury or damage caused by your actions at a

Participating Venue;

(d) Any claim arising out of your posted content.

(e)Where the Member is a Minor Member, the

Guardian’s indemnity under this clause extends to all

acts, omissions, injuries, losses, damages, and claims

arising from or in connection with the Minor Member’s

conduct, participation, or use of the Application or

Services.

12. DISPUTE RESOLUTION12.1 Prior to commencing legal proceedings, parties

agree to attempt to resolve disputes by mediation

conducted in Melbourne, Victoria.

12.2 If unresolved within two (2) months, either party

may commence litigation in the courts of Victoria.

13. TERMINATION

13.1 GymGoer may suspend or terminate access to

the Application in the event of a material breach of

these Terms, user complaints, or legal risk, including

repeated no-shows, repeated late cancellations,

suspected fraud, misuse of credits, or misuse of SMS

verification.

13.2 Members may terminate their accounts by

providing five (5) days’ written notice.

13.3 All accrued obligations and liabilities shall survive

termination.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms are governed by the laws of

Victoria, Australia.

14.2 All disputes shall be resolved exclusively in the

courts of Victoria.

15. SEVERABILITY

15.1 If any provision of these Terms is held invalid,

illegal or unenforceable, the remaining provisions will

remain in full force and effect.

16. SERVICE AVAILABILITY16.1 GymGoer does not warrant uninterrupted

availability of the Application. Scheduled and

unscheduled maintenance may occur.

17. THIRD-PARTY SERVICES

17.1 The Application integrates third-party services

including, but not limited to, Stripe (payments) and

AppsFlyer (analytics and attribution).

17.2 While GymGoer takes reasonable steps to

ensure third-party providers maintain appropriate

standards, GymGoer is not responsible for the acts or

omissions of such providers.

17.3 Your use of the Application constitutes

acknowledgement that your information may be

processed by such providers in accordance with their

respective terms and privacy policies.

18. NO SUPERVISION OBLIGATION

18.1 GymGoer does not supervise, monitor, or control

Member activity at Participating Venues, including for

Minor Members.

18.2 Responsibility for supervision of Minor Members

rests with the Guardian and the Participating Venue in

accordance with their own policies.

19. CONTACT

19.1 All notices and correspondence must be directed

to:help@joingymgoer.com

GymGoer Pty Ltd

ACN 680 858 440

Melbourne, Victoria, Australia

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