TERMS &
CONDITIONS

We set out on The Feel Good Hood website our Membership Plans available for purchasing, including the fees for each service or Membership Plan and the expert dates of the Timetable. Purchasing a Membership Plan does not entitle you to a slot in a particular Class or use of an Ice bath, Infrared Sauna or the Gym; rather, you may use your pass to book a slot for a specific service using the calendar functionality on The Feel Good Hood Website.

Each Membership Plan is available for purchase and will state what services you are entitled to. For instance, you may purchase a Gym access pass only; you may only use those passes to book the positions of using the Gym only. You will not be entitled to use the Infrared Sauna or Ice Baths. You must pay the Membership Plan Fees using one of the methods set out on The Feel Good Hood Website, and you will forfeit any passes not used to make a booking after their expiry date.

Membership Plans

We also have available Membership Plans that entitle you to a number of passes per Membership cycle, and your Membership automatically continues each Cycle until cancelled by you. The fees for the Membership are set out on The Feel Good Hood Website. Any passes not used in any Cycle of your Membership will expire at the end of the Cycle. You agree to pay us the Membership fees in order to receive the number of passes and other features in your Membership for each cycle. You must pay the first Membership Fee on the day you purchase your Membership.

Your Billing Date corresponds with the day you first purchased your Membership. You agree to pay the Membership Fee each Cycle via direct debit on each Billing Date (noting that the Billing Date might change if it falls on a day not occurring in a month). You authorise us to automatically deduct the Membership Fees from your nominated bank account or credit or debit card (Automatic Direct Debit). You agree to correctly complete and deliver to us a direct debit request form authorising our payment processor to debit the Membership Fees from your nominated bank account or credit or debit card.

In the event that any Automatic Direct Debit payment is rejected, there will be a second Automatic Direct Debit attempt. If we are not able to successfully process any direct debit payment, then a processing fee of $10 for a failed direct debit transaction is payable on each occasion we are not able to direct debit your nominated bank account or debit or credit card.

General

We may offer promotional offers and special discounts from time to time, which will be subject to separate terms and conditions to be read in conjunction with these Terms. We may modify the Pass Fees and the Memberships Fees from time to time upon notice to you. The updated Classes or Membership Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your account. If you do not agree to the price change(s), you may cancel your Membership in accordance with the cancellation policy.

All amounts are stated in Australian Dollars and are inclusive of Australian GST (where applicable). To the maximum extent permitted by law, and subject to your Statutory Rights, the Pass Fees, Classes and Membership Fee and price for products are non-refundable.

Booking Classes

Using the passes you have purchased, you may book to attend Classes at our Wellness Centre using the Calendar on The Feel Good Hood website. If a particular Class, Infrared Sauna, Ice Bath or Gym Access is full, you may join the waitlist. Suppose a spot becomes available to attend the Class, Infrared Sauna, Ice Bath or Gym Access any time up until 1 hour before the Class, Infrared Sauna, Ice Bath or Gym Access. In that case, you will be notified by email or text message, and you will automatically be booked into the Class, Infrared Sauna, Ice Bath or Gym Access. If you fail to attend the Class, Infrared Sauna, Ice Bath or Gym Access, the ‘Cancellations’ clause will apply.

You agree that we are in no way responsible for the safekeeping of your personal belongings while you are at The Feel Good Hood. You assume all risk of loss for any of your personal belongings that you bring to The Feel Good Hood. Your passes, Class or Membership are only for you to use; you may not allow another person to attend a Class, Infrared Sauna, Ice Bath or Gym Access on your behalf.

Cancellations

Our class sizes are small and can fill up quickly. If you wish to cancel attendance at a Class, Infrared Sauna, Ice Bath or Gym Access, you must do so via The Feel Good Hood App at least 24 hours before the start of your Class, Infrared Sauna, Ice Bath or Gym Access.

You must be at least 16 years old to attend and use facilities at The Feel Good Hood. Additionally, your parent or legal guardian must give permission for you to access The Feel Good Hood. If you are under 18 years old, please contact: contact@thefeelgoohood.com to coordinate the collection of a parent or legal guardian consent.

For cancellations made within 24 hours prior to the Class, Infrared Sauna, Ice Bath, or Gym Access session:

Single-use purchases will forfeit the session.

Membership holders will incur no ‘Cancellation fee’, and the session/class will be credited back to your account.

If you're more than 10 minutes late for your scheduled Class / Session, you're not required to attend, as this disrupts the session and:

Single-use purchases will forfeit the session.

Membership holders will incur a $5 ‘Late’ fee, billed to the linked card, and the session/class will be credited back to your account.

For No-Show:

Single-use purchases will forfeit the session.

Membership holders will incur a $15 ‘No-Show’ fee, billed to the linked card, and the session/class will be credited back to your account.

We understand that your needs and preferences may change over time, and we are here to accommodate those changes. You have the flexibility to upgrade or downgrade your Membership at any time by simply sending us an email at contact@thefeelgoodhood.com or by phoning the concierge desk on (03) 9100 3579. Upon receiving your request, the bank account linked to your Account will be automatically charged the Membership Fee associated with your new Membership on the next Billing Date. If you choose to upgrade or downgrade your Membership less than 3 business days before the upcoming Billing Date, the change will take effect from the following cycle. We strive to make the process seamless and convenient for you, ensuring that your Membership aligns with your evolving wellness journey.

You have the option to cancel your Membership by providing us with at least 30 days' notice. You may notify us of your cancellation through email at contact@thefeelgoodhood.com or by phoning the concierge desk on (03) 9100 3579. If you are cancelling your membership before the expiry of the Fixed Term, you are subject to the following:

Please be aware that, except where your Statutory Rights apply, we do not offer refunds for cancellations, including cases where you have decided to cancel due to a change of mind or other circumstances.

At The Feel Good Hood, we reserve the right to suspend your account or terminate these Terms of Service without prior notice in the event of a material breach on your part. This includes, but is not limited to, breaches of The Feel Good Hood Pty Ltd Rules, non-payment of Membership Fees, violations of applicable laws and regulations, or infringement upon the rights of third parties. We take these matters seriously to ensure the integrity of our community and the protection of our members and staff.

We collect personal information about you in order to enable you to access and use The Feel Good Hood Website (including creating an Account and booking Classes) to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, which can be found on our website: www.thefeelgoodhood.com

We may disclose that information to third-party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third-party payment processors and our business partners) or as required by Law. If you do not provide this information, we may not be able to provide you with access to The Feel Good Hood App. In certain circumstances, we may disclose your personal information to third parties located, or who store data within Australia.

Our Privacy Policy contains further information about:

(a) how we store and use your personal information;

(b) how you can access and seek correction of your personal information;

(c) how you can make a privacy-related complaint; and

(d) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Specific legislation, including the Australian Consumer Law (ACL) within the Competition and Consumer Act 2010 (Cth), along with comparable laws and regulations safeguarding consumer rights, might grant you entitlements, warranties, assurances, and solutions concerning our rendering of Services or provision of Products that cannot be waived, restrained, or altered (Statutory Rights).

In the event that you are recognised as a consumer and the ACL is applicable, these Terms do not negate your Statutory Rights as a consumer under the ACL. It is acknowledged that our Liability for goods, services, and The Feel Good Hood Website offers an individual fitting the consumer category defined by the ACL and is solely governed by the ACL in conjunction with these Terms.

In alignment with your Statutory Rights, we exclude all express and implied warranties, and all materials, work, and services are furnished to you without any form of warranty, whether express or implied, as per statutes, legal principles, or any other basis.

However, according to specific legislative provisions, we might request that you accept some restrictions to the ACL guarantees. By consenting to these Terms, you affirm your agreement that we may, in accordance with legal provisions, exempt or restrict our Liability (as delineated below) to you in cases of death or injury arising from our failure to comply with the ACL guarantees. This exemption does not apply in instances where your death or injury results from our reckless conduct (as defined by the ACL).

During your involvement in exercise or various recreational pursuits within The Feel Good Hood Pty Ltd premises or attendance at our Classes / Sessions, we hold limited Liability in the event of injury or fatality, excluding instances where our gross negligence is the cause. The following definitions apply in this context:

"Gross negligence" is outlined below.

"Recreational activities" encompass engaging in sports, analogous leisure activities, or partaking in any endeavour characterised by notable physical effort or inherent physical risk. These activities are pursued primarily for the sake of recreation, enjoyment, or leisure.

For individuals situated in Victoria and subject to the Australian Consumer Law and Fair Trading Act 2012, a warning notice is provided below, as mandated by law, outlining the constraints on our Liability.

IMPORTANT NOTICE AS PER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

Within the subsequent Section, "Supplier" denotes The Feel Good Hood Pty Ltd, while "this form" refers to these Terms.

In accordance with the AustralianConsumer Law (Victoria), specific statutory guarantees apply to the supply of particular goods and services. These guarantees necessitate that the supplier indicated in this form is obligated to ensure that the recreational services provided to you:

Are delivered with adequate care and skill.

Are reasonably suitable for any purpose you explicitly or implicitly communicate to the supplier.

Are capable of reasonably achieving any outcome you have informed the supplier about.

Under Section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier holds the right to propose that these statutory guarantees do not apply to you. By accepting these Terms, you are consenting to the exclusion, restriction, or modification of your ability to legally pursue the supplier under the Australian Consumer Law and Fair Trading Act 2012, in cases where services do not align with these guarantees, pertaining to instances of injury or fatality.

PLEASE NOTE: The alterations to your rights, as outlined in these terms and conditions, do not extend to situations where your injury or death arises from the supplier's gross negligence. "Gross negligence" in relation to an act or omission denotes performing or omitting an act with a reckless disregard, whether conscious or unconscious, for the resulting consequences. Please refer to 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.

Please be aware that participating in the Classes / Sessions and attending The Feel Good Hood Pty Ltd may entail potential physical harm or personal injury. This risk could stem from various factors, including but not limited to:

Actions of fellow participants

Your own physical fitness level or the equipment provided by us or used by you

Your actions, omissions, or negligence, as well as those of others

• Overexertion

• Dehydration

• Failure to follow instructions

By participating in the Classes / Sessions and attending The Feel Good Hood Pty Ltd, you acknowledge and willingly assume the inherent risks associated with such activities.

It is your responsibility to ensure that while following the fitness instructions in a Class / Session, you remain within your physical limits and select appropriate Classes / Sessions based on your skills, abilities, and any mental or physical conditions or limitations you may have, including pregnancy. It's understood that our trainers may occasionally suggest physical adjustments or equipment modifications, and it's solely your responsibility to determine whether these suggestions align with your abilities and conditions.

• You recognise the physically demanding nature of fitness Classes / Sessions and related exercises.

• Please note that strobe lighting is utilised during all fitness Classes / Sessions and is unalterable.

• You confirm that you are not aware of any medical conditions, injuries, or impairments that would adversely affect your health during participation in fitness or exercise-related activities.

Regarding your health: Should you become aware of any medical, physical, or psychological conditions, injuries, or impairments that might jeopardise your well-being, pose risks to your health or safety, or hinder your safe participation in the Classes / Sessions, you must discontinue using or engaging in the Classes / Sessions and consult a medical professional.

If you become aware of medical conditions or warning signs, or if you're at high risk of adverse events due to exercise, it's imperative that you seek permission from a qualified professional before attending Classes / Sessions by The Feel Good Hood Pty Ltd.

• High-risk status encompasses situations such as:

• Having a heart condition.

• Having a close relative who died suddenly from a heart condition before age 50.

• Experiencing uncontrolled epilepsy or seizures.

• Fainting or experiencing dizziness during physical activity.

• Having diabetes.

• Enduring an asthma attack requiring immediate medical attention in the past 12 months.

• Suffering anaphylactic reactions.

• Undergoing surgery in the last month.

• Having other conditions warranting special consideration before exercise.

If you fall into the high-risk category, you must refrain from participating in fitness Classes / Sessions until you have either:

(a) Provided evidence from a relevant health professional indicating that, in their opinion, you aren't at risk during a Class / Session.

(b) Stated in writing that you've received advice from a qualified health professional indicating that you're not at risk during a Class / Session.

You agree to inform The Feel Good Hood Pty Ltd of any pre-existing conditions that could impact your participation at the start of a Class / Session, as well as to promptly notify your trainer of any injuries or discomfort during a Class. You affirm:

• Possessing the requisite physical health and fitness for participating in Classes / Sessions

• Having no medical or other reasons hindering your participation in Classes / Sessions

Results not guaranteed: While our Classes can enhance your strength, fitness, health, and well-being, we cannot guarantee any specific outcomes from attending our Classes / Sessions.

If you are pregnant, it is imperative that you secure the endorsement and consent of your doctor, obstetrician, or healthcare professional before attending fitness Classes / Sessions throughout each phase of your pregnancy. You must ensure that your medical advisor is fully aware that fitness Classes / Sessions encompass swift movements, incline and treadmill running, jumping, use of dumbbells, boxing bags, matt pilates, changes in direction, abrupt motions, breath-work, yoga, ice baths, infrared saunas and stretching. Please recognise that the Instructors' capacity to provide personalised attention, modifications, or tailor-made prenatal workouts is restricted.

If you receive consent and opt to partake in The Feel Good Hood’s activities during your pregnancy, you are obliged to notify your instructor about your pregnancy at the commencement of every Class / Session. You will adapt exercises and intensity levels as per your suitability, based on guidance from your doctor, obstetrician, or healthcare professional.

In instances of high-risk pregnancies or when you lack approval from your medical advisor to attend fitness Classes / Sessions, you are required to discontinue participation in any fitness Class.

Post childbirth, you must wait 6-8 weeks and secure clearance from your doctor, obstetrician, or healthcare professional prior to rejoining fitness Classes / Sessions.

Within these Terms, the term "Liability" encompasses any expense, cost, liability, loss, damage, claim, notification, entitlement, investigation, demand, proceeding, or judgement. This definition applies regardless of the origin, whether under statute, contract, equity, tort (including negligence), indemnity, or any other basis. This includes both direct and indirect occurrences, as well as those present, unascertained, future, or contingent. It applies irrespective of whether it pertains to a third party, a Party mentioned in these Terms, or any other scenario.

Exemptions from Our Liability: Despite any contrary provision, and to the extent permitted by applicable law (while adhering to your statutory rights), we will not bear responsibility, and you hereby relinquish any claims against us related to Liability resulting from, connected to, or contributed to by:

• Your actions or inactions.

• Actions or inactions of third parties, including other attendees at The Feel Good Hood Pty Ltd.

• Any utilisation or application of the Classes / Sessions by a party other than yourself or beyond the scope reasonably envisaged by these Terms.

• Theft or damage to property, encompassing personal belongings.

• Injury or loss incurred by any individual.

• Any flaws, errors, omissions, or inadequacy (or the absence or reduction of anticipated results, outcomes, or benefits) concerning the Classes / Sessions.

• Instances when The Feel Good Hood App is inaccessible.

• Events beyond our reasonable control.

• This clause remains effective even following the termination or conclusion of these Terms.

Notwithstanding any contrary provision, and adhering to the greatest extent permissible by law, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise:

We hold no obligation to compensate you for any loss of profit (including projected profit), loss of benefit (including anticipated benefits), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including expected savings), loss of reputation, loss of utilisation, and/or loss or damage to data.

A party's Liability under these Terms will be proportionally mitigated to the extent that such Liability is attributable to the acts or omissions of the other party.

Our cumulative maximum Liability, arising from or associated with these Terms, will be confined to either our resupply of services to you or, at our sole discretion, reimbursing you the fees paid to us for the relevant services to which the Liability pertains.

This clause remains applicable beyond the termination or expiration of these Terms.

You assert, confirm, and consent to the following:

• You possess full legal capacity, rights, authority, and ability to enter into and fulfil the obligations stipulated within these Terms.

• These Terms form a binding, legitimate, and enforceable agreement in accordance with their terms.

• You will provide all essential aid, data, and documentation required for us to deliver our services. All information you supply to us concerning The Feel Good Hood App will be precise, accurate, and comprehensive

You recognise and accept:

• Your use of The Feel Good Hood App is entirely at your own risk.

• The provision of The Feel Good Hood App might be influenced or subject to third parties, suppliers, or subcontractors (collectively referred to as "Third Party Inputs"). Despite any contrary provision, to the maximum extent allowed by law, we hold no responsibility and bear no Liability for any default or breach of these Terms or any legal regulations, if such default or breach is attributed to any Third Party Inputs.

• You agree that, to the highest extent permissible by law, these Terms supersede all implied terms, conditions, and warranties mandated by statute, in fact, or any other basis, unless such terms, conditions, and warranties are explicitly expressed in these Terms.

Indemnification: To the utmost extent permitted by law, you are obligated to indemnify and safeguard us against any Liability sustained by us arising from or related to:

• Any documentation or information provided by you.

• Any damage to our club equipment resulting from your actions or contributions.

• Any violation of these Terms or any actions or omissions on your part.

This clause remains effective even after the conclusion or termination of these Terms.

We grant you a non-exclusive, revocable, royalty-free, worldwide, non-transferable licence to utilise The Feel Good Hood website in line with these Terms. Any other applications are not permitted without obtaining our prior written consent.

Unless explicitly stated otherwise, we hold ownership or licensing rights to all aspects, including intellectual property rights of The Feel Good Hood website, as well as all materials, information, resources, and graphics present on The Feel Good Hood website (Content). Your use of The Feel Good Hood website and access to Content do not confer or transfer any rights, titles, or interests in connection with The Feel Good Hood website or Content to you.

It is imperative that you refrain from, without prior written consent from the respective Content owner (where applicable) or us:

• Copying or using any portion of the Content, whether wholly or partly.

• Reproducing, distributing, transmitting, selling, disseminating, publishing, broadcasting, or circulating any Content to third parties.

Infringing upon intellectual property rights linked to The Feel Good Hood website, including but not limited to:

(a) Altering or modifying any Content;

(b) Embedding any Content within another website or framing it; and

(c) Generating derivative works from the Content.

Information: Neither we nor our personnel are medical practitioners and do not provide medical advice, treatment, or diagnoses. The content in our services, as well as any other information presented through The Feel Good Hood Website, is intended to assist you in achieving your fitness objectives. You acknowledge and agree that nothing provided in the Classes or on The Feel Good Hood Website should be construed as medical advice, treatment, or diagnosis from us or our representatives. It is not intended to replace consulting a medical professional for your specific circumstances and needs. Content may change without prior notice. We do not guarantee the continuous accuracy or timeliness of The Feel Good Hood Website content and disclaim Liability for any inaccuracies or outdated information.

Third-Party Sites:

The Feel Good Hood Website may include links to third-party websites. Unless explicitly stated otherwise, we do not manage, endorse, or approve the content of these external websites. You should independently evaluate the suitability of these websites.

Discontinuation:

We retain the right to discontinue, in part or whole, The Feel Good Hood Website without prior notice. We may also exclude individuals from using The Feel Good Hood Website at our sole discretion. We are not responsible for any Liability you incur due to such discontinuation or exclusion.

Non-Commercial Use:

The Feel Good Hood Website is intended for personal, non-commercial use only. Use of The Feel Good Hood Website or any Content for commercial purposes, including advertising or generating advertising revenue on your own website, requires a licence from us.

Competition:

You are prohibited from using The Feel Good Hood Website or Content in any way that competes with our business. Any breach of this term may result in Liability for damages or profits stemming from unauthorised use.

Variation:

We reserve the right to modify these Terms by notifying you via email. Continued use of The Feel Good Hood Website after such modifications indicates your agreement to the updated terms. If you disagree with the changes, you must terminate your account and cease using The Feel Good Hood Website. If we make changes that substantially disadvantage you, you can cancel your account and request a refund for the unused portion of the services.

Assignment:

You cannot assign your rights and obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms with 30 days' prior notice.

Severance:

If any provision of these Terms is deemed void, invalid, illegal, or unenforceable, it will be severed without affecting the validity of the remaining provisions.

Disputes:

In case of a dispute arising from these Terms, the claiming party must notify the other party in writing about the details of the dispute and propose a resolution. Both parties should meet within 7 days to resolve the dispute in good faith. The discussions are privileged, except for the fact of the meeting. If no resolution is reached within 21 days, either party can refer the dispute to litigation by giving notice in writing.

Jurisdiction:

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts in Victoria and waive any objections to proceedings being held in those courts.

For inquiries and notices, please contact us at:

The Feel Good Hood Pty Ltd ABN 16 659 844 970

E: contact@thefeelgoodhood.com

P: (03) 9100 3579