PRIVACY POLICY

HUSTL. GROUP: PARTICIPATION AGREEMENT 

Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do  not agree to it unless you are satisfied you understand it.  

For and in consideration of HUSTL. PTY LTD and HUSTL. STATION PTY LTD (collectively Hustl. Group) granting me  permission to attend and participate in a Hustl. Group class, course or workshop whether online or at a Hustl. studio (Class) and as a condition of entry, I HEREBY AGREE to the following terms and conditions: 

Risk Warning, Acceptance of Risks, Release and Indemnity  

1. I am aware that participating in exercise contains elements  of risk, both obvious and inherent, and that by  participating in a Class I will be exposed to such risks. The  risks involved may result in property damage and/or  personal injury including disease and death.  

2. I fully appreciate the nature and extent of all risks involved  and by participating in a Class I freely, voluntarily and  absolutely ACCEPT ALL RISKS howsoever arising out of or  in relation to my participation in the Class, whether caused  by the negligence of Hustl. Group and the Associated  Entities, or otherwise. 

3. By entering a Class I vouch that have no known medical  conditions which would preclude me from participating. I  will immediately notify Hustl. Group in writing of any  change to by fitness and ability to participate. 

4. To the full extent permitted by law, I agree to WAIVE all  and any claim, right or cause of action which I or my heirs,  successors, executors, administrators, agents and assigns  might otherwise have against any one or more of Hustl.  Group and the Associated Entities for or arising out of  Death, Illness or Injury which I may suffer or sustain in the  course of or consequential upon or incidental to my  participation in a Class, whether caused by the negligence  of Hustl. Group and the Associated Entities, or otherwise. 

5. To the full extent permitted by law, I agree to RELEASE  AND DISCHARGE Hustl. Group and the Associated Entities  from all liability to me, my personal representatives, heirs  and next of kin, for Death, Illness or Injury which I may 

suffer or sustain in the course of or consequential upon or  incidental to my participation in a Class, whether caused  by the negligence of Hustl. Group and the Associated  Entities, or otherwise. 

6. To the full extent permitted by law, I agree to INDEMNIFY  AND HOLD HARMLESS Hustl. Group and the Associated  Entities against all claims, demands, actions, suits,  proceedings, damages, costs, losses, expenses or liabilities  of any kind, including legal costs, that may be brought or  made by any person for Death, Illness or Injury arising out  of or as a consequence of my acts or omissions in the  course of or consequential upon or incidental to my  participation in a Class, whether caused by the negligence  of Hustl. Group and the Associated Entities, or otherwise. 

7. I agree that the liability of Hustl. Group in relation to any  recreational service (as defined in section 139A of the  Competition and Consumer Act 2010 (Cth)) and any  recreational activity (as defined in the Civil Liability Act  2002 (NSW)) for any: 

a. death;  

b. physical or mental injury (including the aggravation,  acceleration or recurrence of such an injury); or 

c. contraction, aggravation or acceleration of a disease;  or 

d. coming into existence, the aggravation, acceleration or  recurrence of any other condition, circumstance,  occurrence, activity, form of behaviour, course of  conduct or state of affairs: 

i. that is or may be harmful or disadvantageous  to the individual or community; or 

ii. that may result in harm or disadvantage to the  individual or community, 

that I may suffer (or a person on whose behalf I acquire  the services may suffer) is EXCLUDED.  

8. By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a  “risk warning” in accordance with and for the purposes of  the Civil Liability Act 2002 (NSW); and (b) I have been given  notice that certain statutory rights and in particular  guarantees under Commonwealth and/or State consumer  laws have been excluded, restricted or modified by this  Agreement including in particular in the manner set out  above.  

Medical Information and Treatment 

9. I understand that I should not participate in a Class unless I  have trained appropriately and a qualified medical  practitioner has verified my medical and physical  condition. I agree that I remain responsible for my own  health care. 

10. I undertake to stop exercising immediately if I experience  faintness, dizziness, pain or shortness of breath at any  time.  

11. I agree that in the event that I become ill or injured in the  course of my attendance at or participation in a Class, I will  consent to receive any medical treatment, including  without limitation physical examination, first aid,  defibrillation and ambulance transportation that Hustl.  Group or Associated Entities think desirable.  

Personal Information and Publicity 

12. I agree that Hustl. Group and Associated Entities may  collect, store and use my Personal Information in  accordance with the Hustl. Group’s privacy policy.  

Safety and Insurance  

13. I acknowledge and agree that any safety precautions  undertaken by Hustl. Group and Associated Entities are a  service to me and not a guarantee of my safety. 

14. I acknowledge and agree that any insurance cover affected  for participants in a Class may not cover me for any or all  death, injury, loss or damage sustained by me.

hust001_20385_004.doc  

Pricing 

15. I acknowledge that Hustl. Group may, in its absolute  discretion, amend the prices for goods and services.  Unless otherwise specified, all prices for goods and  services are inclusive of GST.  

Studio Class Packs and Payment  

16. I understand that Studio Class Packs may be purchased as  follows: 

a. ’10 Class Pass’ 

10 Class Pass must be paid in full prior to attendance of  first class. Pass expires 4 months after date of purchase  and allows pass holder to book in to attend 10 classes. No  refunds, transfers, holds or extensions are available.   

b. ‘First Timer’ 

First Timer pass must be paid in full prior to attendance of  first class. Pass is only available for purchase to new  customers. Pass is valid for 7 days from date of first class  booked and allows pass holder to book in to and attend an  unlimited number of classes. No refunds, transfers, holds  or extensions are available. 

c. ‘Holiday Maker’  

Holiday Maker pass must be paid in full prior to  attendance of first class. Pass is valid for 14 days from  date of first class booked and allows pass holder to book in  to attend an unlimited number of classes. No refunds,  transfers, holds or extensions are available. 

d. ‘Weekly Subscription’  

Weekly Subscription passes will have the first weekly  payment debited upon purchase of a pass. Thereafter, the  Weekly Subscription fee will be debited every 7 days using  my original payment method unless cancelled in  accordance with the minimum membership period  requirements. If my payment is dishonoured, I will be 

notified via email and will have 3 days to remedy the  default. If no action is taken, a $10 dishonour fee will be  charged per failed attempt to debit my account.  

e. “Drop In”  

Drop In passes provide access to one casual class only.  Pass expires 1 month after the date of purchase. No  refunds, transfers or extensions are available. 

f. “Intro Pass”  

Intro Pass must be paid in full prior to attendance of first  class. Pass is only available for purchase to new  customers. Pass is valid for 30 days from date of first class  booked and allows pass holder to book in to attend  unlimited classes. No refunds, transfers, holds or  extensions are available. 

g. “Winter Special”  

Winter Special passes must be paid in full prior to  attendance of first class. Billed up front with no lock in  contracts. The pass can only be purchased once per  person and will expire 30 days from your first class. No  refunds, transfers, holds or extensions are available. 

17. I acknowledge and agree that passes are not refundable,  extendable, or transferrable unless otherwise agreed by  Hustl. Group. Persons found sharing their passes may have  their pass terminated or suspended by Hustl. Group.  

Studio Classes  

I acknowledge and agree that: 

18. Hustl. Group retains the right to refuse studio entry to any  person at its sole discretion. 

19. Any attendees under 18 years of age must have permission from a parent or guardian to participate.  

20. I am required to follow all reasonable directions of Hustl.  Group instructors and staff while at the studio. 

In-Studio Class Booking Cancelation 

I acknowledge and agree that:  

21. In-studio class bookings can be cancelled up to 2 hours  prior to the scheduled commencement time of that class without the deduction of a class credit from my class pass or any cancellation fee.  

22. If I elect to cancel a class within 2 hours of the scheduled  commencement time of that class or do not attend, the  following will apply:  

a. 10 Class Pass and Drop In pass holders will have 1 class  credit deducted and will be charged a $10 fee. 

b. Holiday Maker, First Timer, Intro Pass and Weekly  Subscription holders will be charged a $10 fee.  

23. Cancellations must be made through the Hustl. App’s  booking system.  

Studio Weekly Subscription Cancellation  

I acknowledge and agree that:  

24. The minimum membership period for Weekly Subscription members is 8 weeks.  

25. At any stage after the initial 8 week period, members may cancel their Weekly Subscription by providing 4 weeks’  notice in writing to admin@hustl.com.au.  

26. At any stage after the initial 8 week period, members may  suspend their Weekly Subscription for a maximum period  of 3 weeks. 

27. Members may suspend their Weekly Subscription no more  than once in a 3 month period.  

Online Membership  

1. Members of the Online Studio may not share, give or  sell their login details or password to any other  person or entity.  

2. Hustl. Group’s online content is not directed to  persons under eighteen (18) years of age and by  providing information about yourself to Hustl. Group you are representing that you are eighteen (18)  years of age or older. 

Online Free Trial Periods 

1. Members who sign up for a free trial will  

automatically be charged a membership fee at the  end of the free trial period if they do not cancel the

membership PRIOR to the end of the free trial 

period. No refunds will be made for memberships  that were not cancelled prior to the end of the free  trial period. Refer to Online Membership  

Cancellations below. 

2. Free trials are only available to new users and are  provided at our sole discretion and are not available  in conjunction with other offers that we may have  from time to time. Users are only eligible for one  free trial, even where a separate or new email is  used to sign up. 

3. We reserve the right to revoke your free trial at any  time. 

Online Membership Payment  

1. The membership fee will be billed at the beginning of  the paying portion of your membership and each  month, quarter or year thereafter unless and until you  cancel your membership. We automatically bill your  payment method each month, quarter or year on the  calendar day corresponding to the commencement of  your paying membership. We reserve the right to  change our billing timing, in particular, if your payment  method has not successfully been charged.  

2. Payments are non-refundable and there are no credits  for partially used periods. Following a cancellation,  however, you will continue to have access to your  online membership through to the end of your current 

billing period. 

Online Membership Cancellations 

1. You may cancel your online membership at any time for  any reason. To cancel your recurring subscription,  please visit your online membership settings.  

2. Following a cancellation, you will lose access to your  membership at the end of your billing period, either  monthly, quarterly or annually.  

3. To avoid being charged another billing cycle, you must  ensure that you cancel your online subscription prior to  your recurring payment date. If you do not cancel prior  to this date, you will be charged for another  

month/quarter/year. 

Termination  

1. I agree that Hustl. Group may terminate my membership or pass without notice for illegal,  offensive or inappropriate behaviour, as determined  by Hustl. Group, which occurs on Hustl. Group’s  premises or is directed at Hustl. Group staff, members or participants.  

Basis of Agreement 

I agree that: 

1. These Terms and Conditions apply exclusively to the  provision of goods and services by Hustl. Group to  

me and cannot be replaced or varied without the  written agreement of Hustl. Group.  

2. Hustl. Group may vary or amend these Terms and  Conditions at any time by written notice published  on the website https://www.hustl.com.au/. Any  amendment or variation will operate from the date  specified in the written notice. If no date is specified,  the amendment or variation will come into effect 4  weeks after the notice.  

3. These Terms and Conditions shall be governed by  and construed according to the law of New South  Wales, Australia, and I submit to the non-exclusive  jurisdiction of the courts of New South Wales,  Australia.  

Defined Terms and Interpretation 

1. In this agreement, unless the contrary intention  appears or the context otherwise requires, these  words have the following meanings: 

Associated Entities means all persons, corporations  and entities other than Hustl. Group that are in any  way connected with organising, promoting,  sponsoring, supporting, running or staging a Class or  receiving benefits from a Class, and includes without  limitation the officers, directors and employees of  Hustl. Group or its related bodies corporate (as  defined in the Corporations Act 2001 (Cth)). 

Death, Illness or Injury means (a) death; (b) physical  or mental injury (including the aggravation,  acceleration or recurrence of such an injury); (c) the  contraction, aggravation or acceleration of a disease; 

(d) the coming into existence, the aggravation,  acceleration or recurrence of any other condition,  circumstance, occurrence, activity, form of  behaviour, course of conduct or state of affairs: (i) 

that is or may be harmful or disadvantageous to the  individual or community; or (ii) that may result in  harm or disadvantage to the individual or  community.  

Personal Information has the meaning given to that  expression under the Privacy Act 1988 (Cth), and  includes without limitation my name, email address,  phone number, place of residence, occupation, age,  height and weight. 

2. In this agreement, unless the context otherwise  requires, a reference to a person, corporation or entity includes a reference to its officers, directors,  servants, employees, agents and representatives. 

3. To the extent that the obligations I have under this  agreement are not directly enforceable by any  person for whose benefit they have been given, I  agree that any such obligation may be enforced by  Hustl. Pty Ltd or Hustl. Station Pty Ltd on behalf of  those persons.

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