This privacy policy applies to the collection, storage, use and disclosure of personal information by or on behalf of Viva Leisure Limited (ABN 76 607 079 792), Viva Leisure Operations Pty Ltd (ABN 20 609 536 665), Viva Leisure Property Pty Ltd (ABN 22 609 536 674), Viva Leisure People Pty Ltd (ABN 12 609 536 629) and Viva Leisure Memberships Pty Ltd (ABN 13 618 752 819) (referred to in this policy as “Viva”, “our”, “we” or “us”). Please read it carefully.

We are committed to protecting your personal information, and ensuring its privacy, accuracy and security. We handle your personal information in a responsible manner in accordance with the Privacy Act 1988 (Act), the Australian Privacy Principles (APPs) and any State or Territory privacy legislation enacted in your jurisdiction (see oaic.gov.au for more information).

You do not have to provide us with your personal information. However, if you do not, we may not be able to conduct business with you.

By using any of our products or services, visiting any Viva Leisure website (including but not limited to Club Lime, Hiit Republic, GroundUp, and any other Viva Leisure brands), or giving us your personal information, you agree to your information being collected, stored, used and disclosed as set out in this Privacy Policy.

1. What do we mean by 'personal information'?

References to 'personal information' or 'sensitive information' in this Privacy Policy have the same meaning as in the Act. In summary:

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether or not recorded in a material form.

Sensitive information (a type of personal information) means information or an opinion about an individual's race or ethnic origins, political opinions and associations, religious beliefs or affiliations, philosophical beliefs, sexual preferences or practices, trade or professional associations and memberships, union membership, criminal record, health or genetic information or biometric information.

2. Collection of personal information

(a) Whose personal information do we collect?

We may collect your personal information from a range of sources, including from you, recruitment agencies, contractors, business partners and government agencies. For example, we may collect your personal information when you:

1. request or acquire a product or service from us;
2. provide a service or product to us;
3. apply for employment with us;
4. communicate with us via our website, by e-mail, telephone or in writing;
5. subscribe to or use any of our mobile applications or digital membership services.

Wherever reasonable and practicable, we collect personal information from the individual to whom the information relates. If you provide personal information about someone other than yourself, you agree that you have that person's consent to provide the information for the purpose for which you provide it to us. You also agree that you have told the person about this Privacy Policy and where to find it.

(b) What types of personal information do we collect and hold?

The personal information we may collect includes:

1. Name, address, email address, phone number, payment details, and other contact or membership-related information.
2. Membership details, user preferences, profile settings, goals, and other information you choose to provide to personalise your experience.
3. Activity data such as workout history, exercise sessions (type, duration, intensity), step count, walking/running distance, total active minutes, sedentary time, and general movement trends.
4. Physiological data such as heart rate (including resting and during activity), heart rate variability (HRV), respiratory rate, blood oxygen saturation (SpO₂), skin temperature changes, and device-estimated stress indicators.
5. Sleep data such as bedtime and wake-up time, total sleep duration, sleep stages (light, deep, REM), sleep interruptions, and sleep consistency patterns.
6. Other biometric and wearable device data, including measurements inferred from connected devices.
7. Personalised workout plans, health scores, recovery and performance metrics, summaries and recommendations generated by AI or cloud services, and any contextual information used to produce these outputs.
8. Device details including usage data, patterns and app access and performance.

We will only collect your sensitive information:

1. if you have consented to us doing so — for example, as part of information collected about directors and employees for company and human resource management purposes, or health and fitness data for Club Lime Coach services; or
2. where required or permitted by law.

(c) How do we collect personal information?

We only collect personal information by lawful and fair means. We usually collect personal information from:

1. you attending our fitness, health, swimming and aquatic, indoor sports, and day spa facilities;
2. face-to-face meetings, interviews and telephone calls;
3. business cards;
4. electronic communications — for example, e-mails and attachments;
5. forms filled out by people, including as part of acquiring a product or service from us;
6. third parties — for example, from recruitment agencies and your representatives or agents;
7. our website, including if you use it to contact us;
8. connected wearable devices, mobile applications, and fitness tracking equipment with your consent;
9. facial images, including the use of AI facial recognition technology; and
10. our websites and mobile applications, including through cookies, pixels, and analytics tools.

(d) Why do we collect personal information?

We collect the personal information:

1. necessary for us to provide you with the products and services you have requested from us;
2. for marketing purposes and to provide you with information about products and services that may be of interest to you;
3. to improve the products and services we provide;
4. to enable us to conduct our business, including meeting our legal and regulatory obligations;
5. to provide personalized AI-powered fitness insights and summaries, workout recommendations, equipment analysis, and health tracking features.

If you do not provide your personal information, we may not be able to supply the requested product or service, employ you or otherwise deal with you.

(e) How we deal with unsolicited personal information?

If we receive personal information about you that we have not requested, and we determine that we could not have lawfully collected that information under the APPs had we asked for it, we will destroy or de-identify the information if it is lawful and reasonable to do so.

(f) Do you have to disclose your identity when dealing with us?

Where lawful and practicable, we will give you the option of interacting with us anonymously or using a pseudonym. However, this would usually only apply for general enquiries.

3. Use and disclosure of personal information

(a) Use of personal information

We only use your personal information for the purpose for which it was provided to us, for related purposes or as required or permitted by law. Such purposes include:

1. in the ordinary course of conducting our business. For example, supplying or acquiring products and services, responding to your enquiries and feedback, and providing information about our events, news, publications and products and services that may be of interest to you;
2. market research and product and service development, so that we are able to better understand our customers' needs and tailor our future products and services accordingly;
3. performing general administration, reporting and management functions. For example, invoicing and account management, payment processing, risk management, training, quality assurance and managing suppliers;
4. employment-related purposes, such as recruiting and providing services to staff;
5. as part of a sale (or proposed sale) of all or part of our business;
6. other purposes related to or in connection with our business, including meeting our legal and contractual obligations to third parties and for internal corporate governance purposes;
7. for Club Lime Coach: generating personalized fitness recommendations, analysing workout patterns, providing AI-powered fitness insights and summaries, and improving our digital fitness services.

(b) Disclosure of personal information

We may disclose, and you consent to us disclosing, your personal information to third parties:

1. engaged by us to provide products or services, or to undertake functions or activities, on our behalf. For example, processing payment information, managing databases, marketing, research and advertising including: Apple SwiftData (SQLite), Apple CloudKit, Vertex AI (Google Gemini), Sahha and Firebase Analytics;
2. that are authorised by you to receive information we hold;
3. that are our business partners, joint venturers, partners or agents;
4. as part of a sale (or proposed sale) of all or part of our business. For example, we may disclose information to our external advisers, to potential and actual bidders and to their external advisors; such as our external advisers, and government agencies. For example, where disclosure is reasonably required to obtain advice, prepare legal proceedings or investigate suspected unlawful activity or serious misconduct;
5. as required or permitted by law;
6. for Club Lime Coach subscribers: to Sahha Pty Ltd for biometric data processing and storage, Google Cloud Platform for AI inference services, and Apple iCloud for workout history storage; or
7. for Fling users: we may disclose limited personal information (such as account details, pass purchase history, and Partner Gym access validation) to Partner Gyms and technology providers as necessary to facilitate entry, verify pass validity, process payments, prevent fraud, and ensure compliance with conditions of entry.

We may disclose, and you consent to us disclosing, your personal information among the entities that comprise Viva and to any of our related bodies corporate whether located in Australia or overseas. If we disclose your personal information to a related body corporate, your information will be collected, stored, used and disclosed in accordance with this Privacy Policy and the APPs.

You may decline to share certain information or disconnect third-party integrations (e.g. Sahha, Google, Apple). However, this may limit use of the applicable services.

(c) Marketing use and disclosure

We may use and disclose your personal information (other than sensitive information) to provide you with information about our products and services (including affiliated Viva brands such as Supp Society) that we consider may be of interest to you.

You may opt out at any time if you do not, or no longer, wish to receive marketing and promotional material. You may do this by:

1. contacting us via e-mail or in writing at the address below and requesting that we no longer send you marketing or promotional material; or
2. where applicable, clicking the "Unsubscribe" button.

Where you participate in promotions, we may collect information necessary to verify eligibility and prevent misuse.

(d) Use or disclosure of sensitive information

We will only use or disclose your sensitive information for the purpose for which it was initially collected or for a directly related purpose, as required or permitted by law, or where you consent to the use or disclosure.

4. Disclosure of personal information overseas

We generally do not disclose personal information to third parties outside Australia, unless required or permitted by law. However, some of our services require the transfer and storage of your personal and sensitive information to overseas service providers. Your data may be processed and stored by:

• Sahha Pty Ltd — Data may be stored in Australia and via international cloud infrastructure with servers located in the United States, Asia-Pacific, and Europe.
• Apple Inc. (Apple iCloud) — Stores account data, preferences, history, and related information. Data may be stored in the United States, Asia-Pacific, and Europe.
• Google LLC (Google Cloud Platform and Vertex AI) — Data may be processed on servers located globally, including the United States, Asia-Pacific, and Europe.
• Google LLC (Firebase Analytics) — Data may be stored in the United States, Asia-Pacific, and Europe.

By using our products or services, you consent to the disclosure of your personal and sensitive information to these overseas providers. We take reasonable steps to ensure that overseas providers comply with the Australian Privacy Principles (APPs), but we cannot guarantee their adherence. By continuing to use our services, you acknowledge and consent to this overseas disclosure.

5. How is my personal information kept secure?

(a) Security

We take reasonable steps to protect your personal information from misuse, interference, loss and unauthorised access, modification and disclosure. Such steps include:

1. physical security over paper-based and electronic data storage and premises;
2. computer and network security measures, including use of firewalls, password access and secure servers;
3. restricting access to your personal information to employees and those acting on our behalf who are authorised and on a 'need to know' basis;
4. retaining your personal information for no longer than it is reasonably required, unless we are required by law to retain it for longer;
5. entering into confidentiality agreements with staff and third parties;
6. encryption of sensitive information (including biometric and health data) both in transit and at rest;
7. secure API connections and authentication protocols when transmitting data to or from third-party services; and
8. regular security assessments and audits of our systems and service providers to identify and address potential vulnerabilities.

(b) Destruction and de-identification of personal information

Where we no longer require your personal information, including where we are no longer required by law to keep records relating to you, we will ensure that it is de-identified or destroyed.

6. Data quality, access and correction

(a) Quality

We take reasonable steps to ensure that your personal information is accurate, complete and up-to-date. However, we rely on you to advise us of any changes or corrections to the information we hold about you. If you consider that the information we hold about you is not accurate, complete or up-to-date, or if your information has changed, please let us know as soon as possible.

(b) Access to personal information

You may request access to the personal information we hold about you by contacting us. We will respond to your request within a reasonable time. We will provide you with access to the information we hold about you unless otherwise permitted or required by law. If we deny you access to the information, we will notify you of the basis for the denial unless an exception applies. Where reasonable and practicable, we will provide access to the information we hold about you in the manner you request. No fee applies for requesting access to information we hold about you. However, we reserve the right to charge a reasonable fee where we do provide access.

(c) Correction of personal information

If you believe that personal information we hold about you is incorrect, incomplete or not current, you may request that we update or correct your information by contacting us. We will deal with your request within a reasonable time. If we do not agree with the corrections you have requested (for example, because we consider that the information is already accurate, up-to-date, complete, relevant and not misleading), we are not required to make the corrections. However, where we refuse to do so, we will give you a written notice setting out the reasons.

Identifiers. We do not adopt, use or disclose government related identifiers except as required or permitted by law.

7. Complaints

If you have a complaint in relation to the collection, storage, use or disclosure of your personal information, please contact our Privacy Officer using the details below. You will need to provide us with details of your complaint, as well as any supporting evidence and information. We will review all complaints received and our Privacy Officer will respond to you. If you are not satisfied with our response, you may discuss your concerns with or complain to the Australian Privacy Commissioner via oaic.gov.au.

8. Changes to this Privacy Policy

We reserve the right to revise this Privacy Policy or any part of it from time to time. Please review this Policy periodically for changes. Any revised policy will be placed on our website at vivaleisure.com.au. Your continued use of our website, products or services, requesting our assistance, or the provision of further personal information to us after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy.

9. How to contact us

If you have any questions about this Privacy Policy, please contact Viva's Privacy Officer:

• by email to privacy@vivaleisure.group
• by writing to: Privacy Officer, Viva Leisure, PO Box 1 Mitchell ACT 2911

Effective date: 09 September 2025

Warning: This is an important document which affects your legal rights and obligations. Before commencing your Membership with us you must read the following Terms and Conditions. By becoming a Member, you confirm you have read, fully understand and agree to abide by the following Terms and Conditions.

1. Welcome

1. These Terms and Conditions, the Membership Application and the Rules govern your rights and responsibilities as a Member.
2. Each Member is responsible for complying with this Agreement and the Rules.
3. By submitting a Membership Application, you agree to be bound by this Agreement and the Rules.
4. You hereby authorise us to arrange, through our own financial institution, to debit your account with all Membership Fees and associated fees and other amounts due by you under this Agreement.
5. This Agreement may be amended by us from time to time. The most recent version will be accessible at vivaleisure.group/legal.
6. You are responsible for advising us of any change of name, address, other contact details, payment details and method and change of circumstance through the Online Portal. Documentation verifying a name change is required. Your mailing address will be used to determine your eligibility for promotions and other offerings. You can opt out of receiving promotional material by selecting the opt out button within the Online Portal.
7. We may communicate with you via telephone call, SMS/text message or email from time to time. Such communication may continue for up to 24 months after your Membership ends unless you opt out of such communication via the Online Portal.

2. Definitions

In this Agreement, words in the 'item' column of the Reference Schedule have the same meaning given adjacent to them. In this Agreement:

1. Activation Fee means the fee you pay to activate or reactivate your Membership.
2. Administration Fee means the fee of that name provided for in the Schedule of Fees from time to time.
3. Agreement means these Terms and Conditions, the Schedule of Fees and the Membership Application as amended from time to time.
4. Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the Australian Capital Territory.
5. Cancellation Fee means the fee of that name provided for in the Schedule of Fees from time to time.
6. Change of Membership Fee means the fee of that name provided for in the Schedule of Fees from time to time.
7. Club means the facilities owned or operated by us from time to time.
8. Club Lime Coach means the optional digital membership add-on service made available by us that provides AI-powered fitness features via the Member ID Application and other digital platforms.
9. Club Lime Coach Subscription Fee means the weekly subscription fee payable in advance for access to Club Lime Coach, billed via the app store used to activate the subscription.
10. Direct Debit Decline Fee means the fee of that name provided for in the Schedule of Fees from time to time.
11. Fixed Term means a Membership with a predetermined fixed duration.
12. GROUNDUP means a Club branded Ground Up offering services which include but are not limited to reformer pilates, mat pilates, barre and yoga.
13. GST means any goods and services tax, value added tax or sales tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth.
14. Home Club means the Club nominated as your Home Club as per your Membership Application and the Online Portal.
15. Including means including without limitation.
16. Join Date means the date you submit to us a Membership Application.
17. Junior Membership means the Membership applicable to persons aged between 13 and 17 (inclusive).
18. Member means the person entering into this Agreement with us and referred to throughout this Agreement as 'I', 'my', 'you' or 'your'.
19. Member ID Application means the smart device app provided by us and its subsequent versions from time to time.
20. Membership means your membership with us as governed by this Agreement.
21. Membership Application means the paper or electronic form to provide us with details to activate the Membership.
22. Membership Fees means the fees due to be paid by you to us under your Membership Plan.
23. Membership Plan means the type of Membership you have elected in your Membership Application.
24. No Show Fee means the fee of that name provided for in the Schedule of Fees from time to time.
25. Online Portal means the Member's portal at vivaleisure.group/members and/or members.groundup.studio/members/ and/or the Member Application.
26. Orientation Manual means the manual of that name available at the Website.
27. Parent/Guardian Approval Form means the approval supplied by a parent and/or guardian of the holder of a Junior Membership.
28. Periodic Membership means a Membership that is not a Fixed Membership.
29. Related Entities has the meaning it has in the Corporations Act 2001 (Cth).
30. Rules means any Rules, in addition to this Agreement, that we reasonably deem to be necessary or convenient for the administration of the Clubs and that are notified to you and your guests, including any rules posted on the Website (if any) or in a Club.
31. Schedule of Fees means the schedule of fees which may apply from time to time as provided for on the Website and as amended by us from time to time.
32. Staff means employees, consultants, contractors or agents engaged by us who work at the Clubs.
33. Start Date means the date nominated in the Membership Application.
34. Surcharge Fee Rate means the rate specified in the Schedule of Fees from time to time.
35. Suspension Fee means the fee of that name provided for in the Schedule of Fees from time to time.
36. Termination Fee means the fee of that name provided for in the Schedule of Fees from time to time.
37. Terms and Conditions means the terms and conditions contained in this document, as varied from time to time.
38. Transfer Fee means the fee of that name provided for in the Schedule of Fees from time to time.
39. Unauthorised Entry Fee means the fee of that name provided for in the Schedule of Fees from time to time.
40. Us means Viva Leisure Memberships Pty Ltd ACN 618 752 819 and its Related Entities and referred to throughout this Agreement as 'us', 'our' or 'we'.
41. Website means vivaleisure.group.

3. Are there any restrictions on joining?

Fit for Exercise

3.1 You must not undertake exercise within a Club:

1. unless you reasonably believe based on reasonable grounds known to you that you are fit and able to undertake active exercise;
2. that is contrary to advice given to you from a doctor, Allied Health, any medical professional or from advisory papers supplied with any medicines you are taking; or
3. whilst you are carrying an injury or have reasonable grounds to suspect you are carrying an injury.

3.2 If you are suffering from any injury or illness and wish to undertake limited exercise within a Club, you must notify Staff before commencing any exercise of that illness or injury and sign a disclaimer in favour of us in respect of any damage of injury you might suffer from exacerbating, complicating or suffering consequential injury flowing from that exercise or flowing from that illness or injury.

3.3 You agree to use our Clubs, products and services with due care and reasonable skill and on the condition that if you have any difficulty using any equipment, that you will cease using that equipment unless and until you have notified Staff and been given guidance on the use of that equipment and you have been given approval by Staff to continue using that equipment.

3.4 Should you injure yourself, or get hurt while utilising our Clubs, facilities, products and/or services, you will immediately cease exercise and notify Staff. It is a condition of entry into and use of a Club that you must take full responsibility for your actions, to exercise within your strength and conditioning and that you indemnify us against any costs, losses or damages we may suffer in relation to your actions or injury whilst attending a Club.

Minimum Age

3.5 A person must be 13 years or older to become a Member. Any Member under the age of 18 must have a parent or guardian provide approval for their Membership Application. Approval must be given via the Parent/Guardian Approval Form that will be sent via email following receipt of your Membership Application or by signing a hard copy of the Membership Application. All members under the age of 18 must abide by the Junior Membership conditions of entry (separately provided and which are incorporated herein in full for each such Member under the age of 18).

3.6 Junior Memberships are only available to Members between the age of 13 and 17 (inclusive). Once a Member turns 18 the Membership will automatically transfer over to the equivalent adult membership and Membership Fee increases may apply. If you do not want to continue your Membership under the new terms you must cancel your Membership with at least 28 days' notice prior to your 18th birthday.

4. When does my Membership commence?

Fixed Term and Periodic Membership

4.1 Your Membership commences on the Start Date.

Before commencing exercise

4.2 Before your first attendance at a Club to use its facilities and at any other time reasonably requested by Staff, you will be required to complete a pre-exercise form. In completing that form, you represent that:

1. the information you provide us is: (i) accurate and complete in all material respects; (ii) based on actual grounds known to you; and
2. you have not received advice that would indicate to a reasonable person that there are grounds to suspect any of the information you have given to us is not accurate or complete in all material respects.

4.3 You agree to follow all instructions provided to you in the Orientation Manual and by Staff.

5. Can I change my mind?

7 Day Cooling Off Period

5.1 You may cancel your Membership any time before 5.00pm on the 7th Day following the Join Date.

5.2 Cancellation must be completed through the Online Portal.

5.3 If you exercise your cooling-off rights under clause 5.1, we will refund any fees already paid by you excluding the Activation Fee and Administration Fee.

6. When do I pay?

Fixed Term

6.1 If your Membership Plan is for a Fixed Term then you pay your Membership Fees either: (1) on the Join Date in full; or (2) by instalments paid in advance by direct debit for the duration of the Fixed Term commencing on the date specified in the Membership Application.

Periodic

6.2 If your Membership Plan is a Periodic Membership, you agree to pay your Membership Fees fortnightly in advance via direct debit commencing on the Start Date.

General

6.3 At the expiry of the Fixed Term direct debit Membership Plan, unless you apply for another type of Membership Plan, your Membership Plan will be automatically transferred to a Periodic Membership and you will be liable to pay your Membership Fees for the Periodic Membership fortnightly in advance by direct debit. You acknowledge those Membership Fees and associated terms and conditions may be varied in accordance with this Agreement.

6.4 At the end of the Periodic Membership term, your Membership Plan will be automatically renewed for a further Periodic Membership and you will be liable to pay your Membership Fees fortnightly in advance via direct debit commencing on the date your Periodic Membership term ends.

6.5 If your Membership Plan requires you to meet certain eligibility criteria (e.g. a Student Membership) and you become ineligible to hold that Membership Plan, your Membership Plan will be automatically renewed for a similar Membership Plan which you are eligible for, using the existing payment methods provided to us. We will provide you with 14 days' notice prior to this change.

6.6 If you do not want your Membership Plan to be automatically transferred or renewed then you must provide us with notification of cancellation in accordance with these Terms and Conditions via the Online Portal.

Direct Debit

6.7 You must complete a Direct Debit Authority (DDA) when submitting your Membership Application for your Membership. By ticking and submitting the DDA you authorise us to debit all Membership Fees and any other fees that may be outstanding from the nominated account or credit card via instalments in advance.

6.8 You agree that it is your responsibility to have sufficient credit in the nominated account/s so that payment is made to us on time and in full at the time the payment is processed. A Direct Debit Decline Fee will apply should your payment be declined.

6.9 We accept no liability to you for drawing funds under your DDA to meet liabilities under this Membership Agreement, including without limit, any additional charges imposed by your financial institution due to insufficient funds or credit in your nominated account/s.

6.10 If the payment date falls on a day that is not a Business Day then the direct debit may occur on the first Business Day immediately following the day the payment was to be made.

6.11 Failure to provide a DDA and set up a direct debit may result in the immediate termination of this Agreement by us.

Increases in Membership Fees

6.12 Fees payable by you in accordance with this Agreement increase in cost by 2% as of 1 July each year. This will only apply to Memberships active prior to 1 July.

6.13 If you choose to pay your Membership Fees with a credit card, you will be charged surcharge fees at the Surcharge Fee Rate.

6.14 In addition to the above, we reserve the right to change the Membership Fees from time to time.

6.15 We will provide you with at least 14 days written notice of the changes before any proposed change takes effect. We will email or post you any such notice to the last known address in our records.

6.16 If you do not wish to accept the proposed changes, you may cancel your Membership without additional penalty provided that you notify us in writing within 14 days of receiving our notice. Ordinary cancellation fees continue to apply in accordance with clause 7.

6.17 If you do not cancel your Membership then your Membership will be varied and continue in accordance with any changes notified to you from the expiry of the period of the notice to you or the effective date notified, whichever is the later.

GST

6.18 All Membership Fees are inclusive of any applicable GST. The Member is responsible for any additional costs, charges, taxes, claims or other liabilities (including any applicable fringe benefits tax) arising from their use of the Clubs or any other goods or services offered or provided in connection with their Membership.

Schedule of Fees

6.19 The fees payable in accordance with this Agreement and listed in the Schedule of Fees (not including Membership Fees) will change from time to time, as deemed necessary by us. Refer to the Website for the latest Schedule of Fees.

7. How do I cancel my Membership?

7.1 If your Membership Plan is Fixed Term (paid in full) or Periodic Membership, then you may cancel this Agreement at any time however: (1) you must give a minimum of 28 days notice (in advance), unless legislation in your state or territory requires a shorter notice period, of your intention to cancel via the Online Portal; (2) you are not entitled to a refund of any Membership Fees paid; and (3) no cancellation fees apply.

7.2 If your Membership Plan is Fixed Term (paid by instalments), then you may cancel this Agreement at any time before the expiry of the Fixed Term, however: (1) you must give a minimum of 28 days notice (in advance), unless legislation in your state or territory requires a shorter notice period, of your intention to cancel via the Online Portal; (2) all payments due as at the date of cancellation must be paid in full; and (3) you must pay the then applicable Cancellation Fee.

Ongoing

7.3 Your Membership is otherwise ongoing and expires at the earliest of: (1) the termination of your Membership by us in accordance with this Agreement; or (2) the date 28 days, unless legislation in your state or territory requires a shorter period, after you provide notice in accordance with this clause 7.

8. Can I change my Membership?

8.1 You may change your Membership (excluding GROUNDUP Memberships), including changing your: (1) Membership Plan; or (2) Home Club, by notice to us through the Online Portal. Any change to your Membership may occur a Change of Membership Fee (as well as the applicable increase or decrease in Membership Fees), as may be applied by us in our sole discretion from time to time.

8.2 You may change your GROUNDUP Membership, including changing your: (1) Membership plan; or (2) Home Club, by notice to us in writing. Any change to your Membership may occur a Change of Membership Fee (as well as the applicable increase or decrease in Membership Fees), as may be applied by us in our sole discretion from time to time.

9. Can I suspend my Membership?

9.1 You can suspend your Membership at any time on the following terms: (1) providing no notice of cancellation has been provided; (2) for a minimum period of seven (7) days; (3) any suspension will incur the Suspension Fee which must be paid upfront and prior to commencement of suspension; and (4) all Membership Fees must be paid up to date at the time of your notice of suspension.

9.2 During any suspension made in accordance with this Agreement, the Fixed Term is extended for the length of the suspension. You are not able to cancel your Membership during a suspension.

10. What happens if I get sick?

10.1 If you are unable to use our Clubs by reason of temporary physical incapacity, for a period of more than seven (7) consecutive days, you may suspend your Membership for up to three months within any 12 month period by notice to us through the Online Portal accompanied by a verifiable medical certificate. You will not be charged Suspension Fees under clause 9.

10.2 You must provide a medical certificate if you wish to reactivate your Membership prior to the expiration of a medical suspension.

10.3 If you wish to suspend your Membership for longer than three months within any 12 month period then clause 9 applies.

10.4 If you are unable to use our Clubs by reason of permanent physical incapacity, you may cancel your Membership by requesting it via the Online Portal and uploading a verifiable medical certificate. If: (1) your Membership Plan is Fixed Term (paid in full) you will be entitled to a refund of any unused prepaid amount less an Administration Fee; (2) your Membership Plan is Fixed Term (payable by instalments) we will put a stop to the direct debit payments as soon as possible after notice is received through the Online Portal, but you will be required to pay the Membership Fees to the date of notification; or (3) the Membership Plan is a Periodic Membership, we will put a stop to the direct debit payments as soon as possible after notice is received through the Online Portal, but allowing us to deduct your Membership Fees to the date of notification.

10.5 Your Membership will terminate automatically on your death. We will terminate your account on receipt of notification of your death, providing we receive reasonable evidence of the same. You will not be charged fees in the event of your death.

11. When can we cancel your Membership?

11.1 Your Membership is conditional on your compliance with the terms of this Agreement (including the prompt payment of the Membership Fees) and your compliance with the Rules.

Failure to pay Membership Fees

11.2 If you do not fully pay your Membership Fees on the due date, we may: (1) immediately suspend your Club access until your payments are up to date; and (2) continue to debit your nominated account without notice along with any dishonour fees that apply, until we have received the total amount you owe us; or (3) terminate your Membership, along with charging you any Termination Fee that may apply.

Bad Behaviour

11.3 We reserve the right to suspend or cancel your Membership immediately:

1. if, in our opinion, you do not behave in a correct and orderly manner, respecting the entitlement of all patrons to use the Clubs in peace and without disturbance or disruption by you;
2. if you do not comply with the reasonable directions of our Staff;
3. if you misuse our products, services, or facilities or use them for purpose other than the use for which they were designed or intended;
4. if you are within the premises of a Club or its surrounds under the influence of drugs or alcohol;
5. if you are abusive or aggressive to Staff or other patrons or act in a manner that is lewd or provocative;
6. if you do not adhere to the terms of this Agreement; or
7. if any declaration you make concerning your age, health or proclivity to injury is false, misleading or otherwise deceptive.

11.4 For the purposes of clause 11.3, a Staff's statement that you have acted in a way mentioned in clause 11.3, is evidence of you doing so.

General

11.5 If we suspend or cancel your Membership, you must pay all your Membership Fees up to the date of the suspension or cancellation and you must pay the applicable Suspension Fee or Cancellation Fee.

11.6 You agree to pay us any costs we incur (including our legal costs on a solicitor and own client basis) incurred by us in enforcing any rights we have under this Agreement.

12. How do I access the Club facilities?

General

12.1 Your Membership entitles you to access to and use of the Clubs and their facilities in accordance with this Agreement and the entitlements of your Membership Plan during their advertised opening times which may change from time to time at our discretion. To gain entry into one of the Clubs: (1) you must have a valid access pass or Member ID Application and present it for admission; (2) your Membership must be current and not suspended or cancelled; and (3) you must not have any outstanding Membership Fees.

12.2 Entry to a Club is subject to availability and we reserve the right to refuse entry to any Member if it would result in the Club exceeding any patron limits set for the venue by any government or regulatory authority.

12.3 We (and our Staff) have the discretion to refuse entry to any Member at any time if, in our reasonable opinion, the Member has not or will not comply with this Agreement or the Rules, or the refusal is necessary or convenient for the orderly operation of the Club or the safety or comfort of other Members, guests and Staff.

12.4 If your access pass is lost, stolen or otherwise missing, then you must report that to your Home Club as soon as practical after learning of the fact. We will replace a lost, stolen or otherwise missing access pass for the Activation Fee. There is no cost to replace your access pass by using the Member ID Application instead.

Personal Training

12.5 Personal trainers operate separately to us under a licence agreement between us and them to utilise the Clubs to undertake personal training services. Members must not utilise personal training at a Club provided by any person other than a personal trainer licensed by us.

12.6 Personal training sessions are an opt-in service for an additional fee, and are subject to additional terms and conditions and costs as agreed between you and the personal trainer.

12.7 We take no responsibility at all for any personal trainer's: (1) actions or omissions; or (2) services, or any injury or loss you may suffer as a result of the same.

Group training sessions

12.8 You will incur a No Show Fee for any pre-booked classes (excluding GROUNDUP classes) to which you do not attend as booked by you or do not cancel with at least 24 hours notice.

12.9 You will incur a No Show Fee for any pre-booked GROUNDUP classes to which you do not attend as booked by you or do not cancel with at least 4 hours notice.

Access during certain times

12.10 Individual Clubs may vary their opening hours, but you acknowledge that Clubs can be closed due to public holidays, general or urgent maintenance or upgrades.

12.11 So far as is practical, these dates and times will be displayed within the Clubs or on our Website for your attention.

12.12 We reserve the rights to vary or change classes and services, including for reasons of seasonal conditions, participation rates, Staff availability and maintenance requirements of the building. There are no refunds or credits issued for such days.

Lockers and Possessions

12.13 You agree that the premises of each Club is a physical training facility, within which areas dedicated to physical training (including any pool, sauna, spa or like area) are not areas into which it is appropriate to take bags or anything of value, and that anything of value you bring onto the premises of any Club is at risk and that risk is yours alone. You are to ensure that all your personal items are stored in a safe place.

12.14 We strongly recommend that you do not take bags or anything of value onto the premises of any Club. We have no responsibility to provide you with a secure place to leave any such items and do not accept responsibility for items which are lost, misplaced or stolen from within or outside of the lockers or any other area of a Club.

12.15 Lockers are provided for the convenience of Members and guests within some of the Clubs and whilst some lockers have locks and keys, you agree that those lockers are not secure and that we do not represent them as being secure.

12.16 All bags brought onto Club premises are at your own risk and must be kept in a locker (unless you are at a service area outside the dedicated exercise areas).

12.17 Under no circumstance can bags be taken onto areas dedicated to exercise.

12.18 Lockers are only supplied for you to store your personal items whilst using the facilities of the Club. This is done at your own risk absolutely. These lockers under no circumstances are to be used as storage outside of the hours that you are using the facilities of the Club.

12.19 You must not bring onto any Club premises any hazardous items including flammable goods, gas cylinders, acids and poisons, lithium batteries, bleaches, paints and sharp objects (metal cutlery, letter openers, razor blades) or anything that can be used as a weapon.

Access by Non-Members when Club is unstaffed

12.20 No Member is permitted to bring or allow a non-member into a Club without Staff permission or during any period when there are no Staff present or hours when the Club is not formally open. If you breach this clause then: (1) you accept responsibility and liability for any injury, loss or damage attributed to the non-member; (2) the act of bringing a non-member into a Club constitutes an automatic acceptance by you of an Unauthorised Entry Fee for the non-member. The Unauthorised Entry Fee, in addition to the relevant transaction fees, will be charged to you by a deduction from your nominated payment method as part of the next instalment; and (3) we may decide to cancel your Membership.

13. Changes to this Agreement or Club Rules

13.1 We reserve the right at all times to vary this Agreement and the Rules, in any way including by:

1. opening new gyms or other facilities;
2. closing or ceasing to operate Clubs or other facilities;
3. changing the way Clubs or other facilities are operated, including contracting any third party to provide such facilities or any goods or services;
4. varying the hours of operation of any Club or other facility;
5. varying the offering of any Club including changing classes or fitness activities offered by us;
6. varying the layout, location or other aspects of the Club including the types of facilities that are available and the times during which they are available; and
7. imposing restrictions on the use of Clubs, facilities, goods or services by a Member or group of Members as may reasonably be deemed by us to be necessary or convenient for the orderly administration of the Club.

13.2 We will use reasonable endeavours to advise you of any material changes including by publishing the changes on the Website and/or through the Online Portal.

13.3 If we close any or all Club facilities or gyms, or amend this Agreement or the Rules in a way that deprives you substantially of the intended use of a Fixed Membership (paid in full), you will have the option of cancelling your Membership and receiving a pro-rata refund of your Membership Fee for the remaining period of the Membership.

13.4 You are not entitled to cancel your Membership or receive a refund for any closures for a period of up to and including four (4) weeks.

14. Liability

14.1 Subject to clause 17 and to the extent permitted by law, we exclude any liability to you or any other person in tort, statute, or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage) sustained by you and/or any other person, or for any costs, charges or expenses incurred by you, arising from or in connection with this Agreement and/or the services/products provided by us and any act or omission by us.

14.2 You agree that you will be liable for any injury, loss, or damage suffered by any person resulting from your use of our Clubs, facilities, products, services, or premises, and you agree to indemnify us against any costs, losses, damages or claims brought against us by any person in relation to such injury, loss, or damage.

15. Credit and debit report agencies

15.1 If paying by direct debit, you authorise us to notify any debt collection or credit reporting agency of your default upon default by you regarding any obligation under this Agreement and any failure to remedy such default after notification.

16. Assignment of Membership

16.1 We may assign or novate your Membership to a third party without your consent.

16.2 If we assign your Membership, we will provide you with 28 days written notice.

16.3 An assignment of your Membership does not void the terms of your Membership.

17. Consumer guarantees

17.1 The Australian Consumer Law gives you certain guarantees, including that our services will be rendered with due care and skill, and that the services will be reasonably fit for purpose.

17.2 If we breach those guarantees and you suffer reasonably foreseeable loss or damage, to the extent allowed by the Australian Consumer Law, we limit our liability to any one or more of the following (in our absolute discretion): (1) the replacement of any products supplied; (2) the repair of any products supplied; (3) a refund of the Membership Fees paid; or (4) payment of the cost of you obtaining equivalent services elsewhere.

17.3 The consumer guarantees may not be applicable in circumstances: (1) where you simply change your mind after the 7 day cooling off period; (2) if you cause the problem yourself by misusing our products or services; or (3) if you request a service to be done in a certain way against our advice or you are unclear about what you want, and no refunds or compensation will be given in these circumstances.

17.4 We acknowledge that certain consumer protection legislation implies conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded. Nothing in this Agreement is intended to exclude or restrict the application of such laws.

17.5 You agree that implied terms under consumer protection laws will not apply to this Agreement where the Membership has been obtained for business purposes, provided that the relevant provisions may by law be excluded.

18. Your acknowledgements and assumption of risk

18.1 You understand and acknowledge that:

1. during such times that you frequent a Club or participate in an activity, be it internal or external, that you are doing so at your own risk;
2. the risk of injury from using equipment in a Club or participating in activities is significant, and may include permanent paralysis or death and you knowingly and freely assume all such risks;
3. we purchase or lease the fitness and exercise equipment from third parties and therefore do not manufacture any of this equipment, and we are providing recreation services and may not be held liable for defective products or equipment;
4. you will not hold us liable for any personal injury, damage to or loss of belongings which may arise from ours, or our Staff, members, clients, contractors or associates, negligence;
5. whilst at a Club you may at times be unsupervised and you assume all risks associated with using any fitness and exercise equipment and exercising alone without the aid and presence of any Staff;
6. subject to this Agreement, you are not otherwise entitled to bring any guests to a Club without our prior written consent, and if you do so, we may, at our sole discretion, suspend or cancel your Membership and the remainder owing on the Membership will be a debt due and payable to us;
7. we have the right to cancel or suspend your Membership and exclude you from any Club (in each case, temporarily or permanently at our sole and absolute discretion) if you do not behave in an orderly manner, are under the influence of alcohol or drugs, are abusive to Staff and/or other members, use equipment improperly, dangerously or in a way that may lead to personal injury (whether to you or others) or you cause property damage of any kind, or do not adhere to any of the terms of this Agreement; and
8. by becoming a Member, you understand that this Agreement is legally binding whether your use is limited to one visit (casual) or you are on a Membership Plan.

19. Release and indemnity

19.1 You hereby release and indemnify us, our respective officers, affiliates, agents, Staff, employees, contractors, and other participants, with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from our negligence or otherwise, that may arise out of or in connection with your use any of the equipment or the facilities provided by us, your participation in any activity, or any incident that occurs while using the Club or participating in any activity.

19.2 To the extent permitted by law, we hereby exclude any liability to you for any injury, loss or damage to you or your property sustained by you or any other person for any costs, charges and expenses incurred by you arising from or in connection with this Agreement and/or the services provided by us and including any act or omission by us.

19.3 You expressly agree that this release is intended to be as broad and inclusive as permitted by law. If any part of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. You acknowledge that the remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

20. Club Lime Coach — digital membership add-on

20.1 Club Lime Coach is an optional add-on to your Membership that provides AI-powered digital features, including: (1) personalised AI trainer recommendations; (2) equipment identification using computer vision; (3) a workout plan builder with algorithmic exercise matching; (4) a workout technique library; and (5) performance scoring across recovery, stress and capacity metrics.

20.2 Your use of Club Lime Coach is subject to these Membership Terms and Conditions, the Rules and the Schedule of Fees.

20.3 You must have an active Membership and a compatible device to access Club Lime Coach.

20.4 Activation and management of Club Lime Coach is completed through the app store on which you downloaded and subscribed to the app (e.g., Apple App Store or Google Play), in accordance with that platform's terms and conditions.

20.5 The Club Lime Coach Subscription Fee is billed in advance through the relevant app store on which you activated your subscription. Billing cycles, pricing (including any applicable platform fees, commissions, and taxes), and payment processing are managed solely by that platform under its terms and conditions.

20.6 We may request a variation to the Club Lime Coach Subscription Fee; however, any such change will be communicated through and implemented by the relevant app store. Changes to subscription fees are subject to the app store's terms and processes.

20.7 You may cancel your Club Lime Coach subscription at any time via your app store account settings. Cancellation will take effect at the end of the then-current billing period, as determined by the app store. Refunds for partial billing periods are not provided, and no cancellation fee applies.

20.8 Cancelling your Club Lime Coach subscription does not cancel your underlying Membership (and vice versa). Membership cancellations must be actioned in accordance with Clause 7.

20.9 Third-party services are required to maintain appropriate security measures. We conduct regular security assessments of our service providers. All biometric and health data is encrypted in transit and at rest.

20.10 Club Lime Coach includes AI-generated outputs that may contain errors or inaccuracies and are provided for informational purposes only.

20.11 Club Lime Coach does not provide medical advice, diagnosis or treatment. Always seek advice from a qualified health professional before commencing a new exercise program or acting on health-related recommendations.

20.12 You must assess whether any exercise is suitable for you and immediately stop any activity that causes pain, discomfort or adverse symptoms.

20.13 We will use reasonable endeavours to provide high availability; however, access may be interrupted (including for maintenance or third-party outages).

20.14 We may modify, suspend or discontinue any Club Lime Coach feature and will use reasonable endeavours to advise you of any material changes within 30 days.

20.15 You must not misuse Club Lime Coach (including sharing credentials, attempting to interfere with the service, or uploading false or misleading activity data) and must comply with the Rules at all times.

20.16 To the maximum extent permitted by law, and subject always to consumer guarantees and the broader liability and release and indemnity provisions of this Agreement, we exclude liability for any loss, damage or injury arising from your reliance on AI-generated content or your use of Club Lime Coach.

20.17 We may suspend your access to Club Lime Coach if you breach this Agreement or the Rules, or where reasonably necessary for security, compliance or operational reasons. Suspension or termination of Club Lime Coach does not of itself cancel your Membership.

21. Privacy

21.1 You agree that the information which we collect and retain about you can be used in accordance with our Privacy Policy and that those terms are incorporated herein by reference.

21.2 Our Privacy Policy is available at vivaleisure.group/legal (Privacy Policy).

22. General provisions

Governing Law

22.1 This Agreement is governed by the law in force in the Australian Capital Territory and each party submits to the exclusive jurisdiction of the courts of the Australian Capital Territory.

Entire Agreement

22.2 But for any additional agreement for private classes or personal training you may have entered into, this Agreement constitutes the entire agreement between you and us regarding your Membership, and its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

Version: 9.0 (September 2025)

In this notice, “Viva”, “our”, “we” or “us” means VIVA Leisure Limited (ABN 76 607 079 792), VIVA Leisure Operations Pty Ltd (ABN 20 609 536 665), VIVA Leisure Property Pty Ltd (ABN 22 609 536 674), VIVA Leisure People Pty Ltd (ABN 12 609 536 629), and Viva Leisure Memberships Pty Ltd (ABN 13 618 752 819).

Current and prospective members and clients

Viva collects personal information from current and prospective members, clients, and users of our health and fitness clubs, day spa, aquatic facilities, swim school, indoor sports facilities, and digital platforms (including mobile applications such as Club Lime Coach, Fling and connected devices/wearables). This may occur when you communicate with us, meet with us, apply for membership, enrol in programs, purchase or pay for our products or services, register an online account, use our apps, or visit our premises. Where we collect information from minors (e.g. swim school, junior memberships), the consent of a parent or guardian is required.

Information we collect with your consent may include:

• Identity and contact details such as your name, address, email address, phone number, and membership or account information.
• Account and profile information including membership details, preferences, goals, and settings.
• Health, fitness, and biometric data (sensitive information) including workout history, activity data, physiological metrics, sleep data, and other measurements from connected devices or wearables. We collect sensitive information with your explicit consent, or where required or permitted by law.
• AI-powered insights and recommendations including personalised workout plans, health scores, recovery and performance metrics, and recommendations.
• Device and app usage information such as device model, operating system, network type, time zone, language settings, app usage patterns, notifications received, and general location.

We use this information to provide products, services, and app features, personalise and enhance your experience, generate and deliver AI-powered health and fitness insights and summaries, manage your membership or account, improve our offerings, and meet legal and regulatory obligations. Without your personal information, we may not be able to provide the requested products, services, or features.

We generally do not disclose personal information to third parties outside Australia, unless required or permitted by law. However, some of our services require the transfer and storage of your personal and sensitive information to overseas service providers. Your data may be processed and stored by:

• Sahha Pty Ltd — Data may be stored in Australia and via international cloud infrastructure with servers located in the United States, Asia-Pacific, and Europe.
• Apple Inc. (Apple iCloud) — Data may be stored in the United States, Asia-Pacific, and Europe.
• Google LLC (Google Cloud Platform and Vertex AI) — Data may be processed on servers located globally, including the United States, Asia-Pacific, and Europe.
• Google LLC (Firebase Analytics) — Data may be stored in the United States, Asia-Pacific, and Europe.

By using our products, services, or apps, you consent to the disclosure of your personal and sensitive information to these overseas providers. We take reasonable steps to ensure that overseas providers comply with the Australian Privacy Principles (APPs), but we cannot guarantee their adherence. By continuing to use our services, you acknowledge and consent to this overseas disclosure.

We may use your personal information to inform you about products, services, news, and events (including affiliated Viva brands such as Supp Society). You can opt out at any time. Our Privacy Policy contains more information on accessing and correcting your personal information, making a complaint, and how we handle your information. You may decline to share certain information or disconnect third-party integrations (e.g. Sahha, Google, Apple). However, this may limit app functionality.

Online queries via web or app

In submitting your online query to us, you agree that we may use your personal information to respond to your query at the contact details you provide. Depending on your query, we may be unable to respond to your query without some personal information. We won't use or disclose that personal information for any other purpose, including overseas, unless required or permitted by law.

We may use your personal information to inform you about products and services which we offer from time to time, and to keep you informed of news and events. You can 'opt out' of receiving such communications at any time by following the procedure detailed in those communications and in our privacy policy. You may decline to share certain information or disconnect third-party integrations (e.g. Sahha, Google, Apple). However, this may limit app functionality.

Website or app purchases

In purchasing products or services via this website, you agree that Viva may use the personal information that you provide so that we can provide the products or services to you, manage our relationship with you, manage our corporate functions relevant to the products you order, and meet our legal and regulatory obligations. Without your personal information, we may not be able to provide the products or services you require.

We may share your personal information with our related bodies corporate, and we may disclose it to our advisers, contractors, suppliers and other people and organisations who help us to manage our activities and functions.

By purchasing our products or services online, you acknowledge that your personal information may be collected, stored, and processed by third-party service providers, some of whom are located overseas. These providers may store your information on servers outside Australia, including in the United States, Asia-Pacific, and Europe. You consent to this overseas disclosure and acknowledge that, in some cases, overseas recipients may not be subject to the Australian Privacy Principles (APPs). We take reasonable steps to ensure compliance but cannot guarantee overseas providers' adherence to the APPs.

Marketing events

In providing your name and contact details for marketing events, you agree that we may use your personal information to inform you about products and services which we offer from time to time, including products and services from affiliated Viva brands (e.g., Supp Society), and to keep you informed of news and events. You can 'opt out' of receiving such communications at any time by following the procedure detailed in those communications and in our privacy policy.

We will not usually disclose your personal information to others, either in Australia or overseas. We retain personal information only as long as reasonably necessary. For concerns, you can contact our Privacy Officer, as set out in our Privacy Policy.

Effective date: 09 September 2025

#	Fee Description	Amount
1	Activation Fee	$39.00
2	Administration Fee	$50.00
3	Cancellation Fee	$199.00
4	Change of Membership Fee	$20.00
5	Direct Debit Decline Fee	$11.00
6	No Show Fee	$10.00
7	Surcharge Fee Rate	1.4% Visa/MC · 2.5% AMEX/Diners
8	Suspension Fee	$5.00 per week
9	Termination Fee	$199.00
10	Transfer Fee	$20.00
11	Unauthorised Entry Fee	$100.00

Fees are current as at publication and may change from time to time in accordance with the Membership Terms & Conditions. Refer to this page for the latest Schedule of Fees.

1. Promoter

1.1. Viva Leisure Operations Pty Ltd (ABN 20 609 536 665) of registered office address: DKSN 2.0 North Building, Level 3/23 Challis Street, Dickson, ACT, 2062 (the "Promoter") is a subsidiary of Viva Leisure Limited (ABN 76 607 079 792) ("Viva") and is a member of the Viva Group which operates multiple facilities trading as Zoo Fit.

2. Acceptance of Terms

2.1. By registering for, signing up to, or otherwise participating in this Promotion, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

2.2. These Terms and Conditions may be varied, amended, or modified by the Promoter from time to time for operational, legal, commercial, or administrative purposes. Any such variation will take effect from the date of publication or notification by the Promoter.

2.3. Participation in the Promotion following any variation to these Terms and Conditions constitutes acceptance of the amended Terms and Conditions.

2.4. In the event of any inconsistency between these Terms and Conditions and any promotional or advertising material relating to the Promotion, these Terms and Conditions prevail to the extent of the inconsistency.

3. Promotion Overview

3.1. The Zoo Fit Mandurah Presale Promotion is conducted in connection with the presale launch of Zoo Fit Mandurah located at 37 Mandurah Terrace, Mandurah WA 6210.

3.2. The Promotion commences at 10:00am AEST on Wednesday, 20 May 2026 and ends at 11:59pm AEST on Sunday, 26 July 2026, unless extended, varied, suspended, or terminated earlier by the Promoter in accordance with these Terms and Conditions.

3.3. Subject to these Terms and Conditions, Eligible Individuals who enter into an Eligible Membership during the Promotion Period may receive the promotional benefits described in clause 6.

3.4. The Promotion applies only to Eligible Memberships entered into at the Eligible Location during the Promotion Period and is subject to availability, operational capacity, and verification requirements determined by the Promoter.

3.5. Access to the Eligible Location will not commence until the club is operational and officially opened by the Promoter. Any advertised or estimated opening date is indicative only and may change from time to time.

3.6. The Promotion is offered subject to the Zoo Fit Membership Terms and Conditions, available at www.vivaleisure.com.au/legal, together with these Terms and Conditions. In the event of any inconsistency, these Terms and Conditions prevail to the extent of the inconsistency in relation to the Promotion.

3.7. The Promoter reserves the right to:

1. amend, extend, suspend, or terminate the Promotion;
2. vary the Offer or eligibility requirements;
3. limit the number of memberships available under the Promotion;
4. verify the eligibility of any participant; and
5. refuse, suspend, or revoke participation in the Promotion for operational, commercial, legal, fraud prevention, safety, or administrative reasons.

4. Definitions

Completed Signup means a membership signup where the membership agreement has been accepted and any applicable upfront or pro-rata payment has been successfully processed.

Eligible Individual means an individual who completes a Completed Signup for an Eligible Membership at the Eligible Location during the Promotion Period and satisfies the eligibility requirements under these Terms and Conditions, but excludes any individual who has received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period.

Eligible Location(s) means Zoo Fit Mandurah located at 37 Mandurah Terrace, Mandurah WA 6210.

Eligible Membership means a Zoo Fit "Fit" or "Fit+" membership entered into on a direct debit, no fixed-term membership agreement basis at the Eligible Location during the Promotion Period and subject to the Zoo Fit Membership Terms and Conditions available at www.vivaleisure.com.au/legal, but excludes any membership category determined by the Promoter as ineligible for the Promotion.

Estimated Opening Date means the estimated date on which the Eligible Location is anticipated to open and commence operations for members, as advertised or communicated by the Promoter from time to time. The Estimated Opening Date is indicative only, subject to change, and does not constitute a guaranteed commencement date.

Offer means the promotional benefits described in clause 6 of these Terms and Conditions.

Promotion means the Zoo Fit Mandurah Presale Promotion conducted by the Promoter in accordance with these Terms and Conditions.

Promotion Period means the period commencing at 10:00am AEST on Wednesday, 20 May 2026 and ending at 11:59pm AEST on Sunday, 26 July 2026, unless extended, suspended, varied, or terminated earlier by the Promoter in accordance with these Terms and Conditions.

Promoter means Viva Leisure Operations Pty Ltd (ABN 20 609 536 665) trading as Zoo Fit.

5. Eligibility Requirements

5.1. Participation in the Promotion is open to individuals who satisfy the eligibility requirements set out in these Terms and Conditions.

5.2. To be eligible for the Promotion, an individual must complete a Completed Signup for an Eligible Membership at the Eligible Location during the Promotion Period.

5.3. Individuals who have received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period are not eligible to participate in the Promotion.

5.4. The Promotion applies only to new Eligible Memberships and does not apply to membership transfers, membership upgrades or downgrades, suspended memberships, replacement memberships, corporate memberships, prepaid memberships, fixed-term memberships, or any other membership category determined by the Promoter as ineligible.

5.5. The Promoter reserves the right to verify the eligibility of any individual participating in the Promotion, including by requesting identification, payment verification, membership history, or any other information reasonably required to confirm eligibility.

6. Promotion Offer

6.1. Subject to these Terms and Conditions, each Eligible Individual who completes a Completed Signup for an Eligible Membership during the Promotion Period will receive the following promotional benefits:

1. $0 joining fee;
2. $0 access pass fee; and
3. a promotional credit equivalent to up to eight (8) weeks of standard membership fees applicable to the Eligible Membership.

6.2. The Offer will be applied to the Eligible Membership following successful completion of the Completed Signup process, including payment of any applicable upfront or pro-rata membership fee.

6.3. Any applicable pro-rata membership fee remains payable at the time of signup in accordance with the applicable Zoo Fit Membership Terms and Conditions. Promotional credits associated with the Offer will not be applied unless and until all required upfront amounts have been successfully processed.

6.4. Promotional credits provided under the Offer:

1. will be applied to the Eligible Membership account only;
2. have no cash value;
3. are non-transferable and non-refundable; and
4. cannot be exchanged, substituted, redeemed for cash, or applied to any other product, service, fee, or membership unless otherwise determined by the Promoter.

6.5. The Offer cannot be used in conjunction with any other offer, promotion, discount, corporate arrangement, referral incentive, or promotional benefit unless expressly approved by the Promoter.

6.6. The Offer does not apply to individuals renewing, reactivating, or rejoining a membership where the individual has received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period.

7. Membership Activation and Club Opening

7.1. Access to the Eligible Location and commencement of membership usage is deferred until the Eligible Location is operational and officially opened by the Promoter.

7.2. The Estimated Opening Date is indicative only and is subject to change due to operational, construction, regulatory, staffing, supply, safety, or other factors outside the Promoter's control.

7.3. The Promoter does not guarantee that the Eligible Location will open on the Estimated Opening Date and reserves the right to amend, delay, postpone, or vary the opening date at any time where necessary.

7.4. Subject to applicable law, including the Australian Consumer Law, changes to the Estimated Opening Date do not entitle an Eligible Individual to compensation for indirect or consequential loss arising from any delay, postponement, or change to the opening date.

7.5. Membership billing, promotional credits, and membership activation will be administered in accordance with the applicable Zoo Fit Membership Terms and Conditions and any operational directions issued by the Promoter in connection with the club opening.

7.6. The Promoter may communicate updates regarding the Estimated Opening Date, club access, membership activation, and operational commencement using the contact details provided by the Eligible Individual during signup.

8. Cancellation and Membership Changes

8.1. Any cancellation or change to an Eligible Membership remains subject to the applicable Zoo Fit Membership Terms and Conditions, including any applicable notice periods and fees.

8.2. If an Eligible Individual cancels their Eligible Membership during any promotional free period, any remaining promotional credit or free membership time will be forfeited and will not be refunded, reinstated, transferred, or credited.

8.3. Except as required by law, promotional benefits provided under the Promotion:

1. are non-transferable;
2. are not redeemable for cash; and
3. cease upon cancellation or termination of the Eligible Membership.

9. Exclusion and Disqualification

9.1. The Promoter reserves the right to refuse, suspend, or cancel participation in the Promotion where it reasonably believes that:

1. an individual does not satisfy the eligibility requirements for the Promotion;
2. false or misleading information has been provided;
3. the Promotion has been misused, manipulated, or used contrary to its intended purpose; or
4. these Terms and Conditions or the applicable Zoo Fit Membership Terms and Conditions have been breached.

9.2. Where participation in the Promotion is refused, suspended, or cancelled, the Promoter may remove or refuse to apply any promotional benefit associated with the Eligible Membership.

9.3. Except as required by law, individuals are not entitled to any cash payment, refund, compensation, or replacement benefit arising from any exclusion, suspension, or disqualification under this clause.

10. Refunds and Consumer Rights

10.1. Except as otherwise required by law, all fees and costs paid in accordance with these terms are non-refundable.

11. Privacy

11.1. You acknowledge and agree that all personal information collected, used, and retained by the Promoter in connection with this promotion will be handled in accordance with Viva's Privacy Policy and collection notice, which is expressly incorporated into these Terms and Conditions by reference. These Policies are available at www.vivaleisure.com.au/legal.

12. Disputes

12.1. Any disputes or complaints arising in connection with the Promotion should be submitted in writing to info@vivaleisure.com.au.

12.2. The Promoter will seek to resolve complaints reasonably and in accordance with applicable law.

13. General

13.1. Failure by the Promoter to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or of the Promoter's rights.

13.2. The Promoter reserves all rights and remedies available under law or equity. The exercise of any right or remedy shall not preclude the exercise of any other right or remedy.

13.3. Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labour disputes, cyberattacks, or government actions.

13.4. These Terms and Conditions are governed by the laws of the Australian Capital Territory. The parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory for the resolution of any disputes.

1. Promoter

1.1. Viva Leisure Operations Pty Ltd (ABN 20 609 536 665) of registered office address: DKSN 2.0 North Building, Level 3/23 Challis Street, Dickson, ACT, 2062 (the "Promoter") is a subsidiary of Viva Leisure Limited (ABN 76 607 079 792) ("Viva") and is a member of the Viva Group which operates multiple facilities trading as Zoo Fit.

2. Acceptance of Terms

2.1. By registering for, signing up to, or otherwise participating in this Promotion, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

2.2. These Terms and Conditions may be varied, amended, or modified by the Promoter from time to time for operational, legal, commercial, or administrative purposes. Any such variation will take effect from the date of publication or notification by the Promoter.

2.3. Participation in the Promotion following any variation to these Terms and Conditions constitutes acceptance of the amended Terms and Conditions.

2.4. In the event of any inconsistency between these Terms and Conditions and any promotional or advertising material relating to the Promotion, these Terms and Conditions prevail to the extent of the inconsistency.

3. Promotion Overview

3.1. The Zoo Fit Wanneroo Presale Promotion is conducted in connection with the presale launch of Zoo Fit Wanneroo located at Unit 13, 1387 Wanneroo Road, Wanneroo WA 6065.

3.2. The Promotion commences at 10:00am AEST on Wednesday, 20 May 2026 and ends at 11:59pm AEST on Sunday, 26 July 2026, unless extended, varied, suspended, or terminated earlier by the Promoter in accordance with these Terms and Conditions.

3.3. Subject to these Terms and Conditions, Eligible Individuals who enter into an Eligible Membership during the Promotion Period may receive the promotional benefits described in clause 6.

3.4. The Promotion applies only to Eligible Memberships entered into at the Eligible Location during the Promotion Period and is subject to availability, operational capacity, and verification requirements determined by the Promoter.

3.5. Access to the Eligible Location will not commence until the club is operational and officially opened by the Promoter. Any advertised or estimated opening date is indicative only and may change from time to time.

3.6. The Promotion is offered subject to the Zoo Fit Membership Terms and Conditions, available at www.vivaleisure.com.au/legal, together with these Terms and Conditions. In the event of any inconsistency, these Terms and Conditions prevail to the extent of the inconsistency in relation to the Promotion.

3.7. The Promoter reserves the right to:

1. amend, extend, suspend, or terminate the Promotion;
2. vary the Offer or eligibility requirements;
3. limit the number of memberships available under the Promotion;
4. verify the eligibility of any participant; and
5. refuse, suspend, or revoke participation in the Promotion for operational, commercial, legal, fraud prevention, safety, or administrative reasons.

4. Definitions

Completed Signup means a membership signup where the membership agreement has been accepted and any applicable upfront or pro-rata payment has been successfully processed.

Eligible Individual means an individual who completes a Completed Signup for an Eligible Membership at the Eligible Location during the Promotion Period and satisfies the eligibility requirements under these Terms and Conditions, but excludes any individual who has received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period.

Eligible Location(s) means Zoo Fit Wanneroo located at Unit 13, 1387 Wanneroo Road, Wanneroo WA 6065.

Eligible Membership means a Zoo Fit "Fit" or "Fit+" membership entered into on a direct debit, no fixed-term membership agreement basis at the Eligible Location during the Promotion Period and subject to the Zoo Fit Membership Terms and Conditions available at www.vivaleisure.com.au/legal, but excludes any membership category determined by the Promoter as ineligible for the Promotion.

Estimated Opening Date means the estimated date on which the Eligible Location is anticipated to open and commence operations for members, as advertised or communicated by the Promoter from time to time. The Estimated Opening Date is indicative only, subject to change, and does not constitute a guaranteed commencement date.

Offer means the promotional benefits described in clause 6 of these Terms and Conditions.

Promotion means the Zoo Fit Wanneroo Presale Promotion conducted by the Promoter in accordance with these Terms and Conditions.

Promotion Period means the period commencing at 10:00am AEST on Wednesday, 20 May 2026 and ending at 11:59pm AEST on Sunday, 26 July 2026, unless extended, suspended, varied, or terminated earlier by the Promoter in accordance with these Terms and Conditions.

Promoter means Viva Leisure Operations Pty Ltd (ABN 20 609 536 665) trading as Zoo Fit.

5. Eligibility Requirements

5.1. Participation in the Promotion is open to individuals who satisfy the eligibility requirements set out in these Terms and Conditions.

5.2. To be eligible for the Promotion, an individual must complete a Completed Signup for an Eligible Membership at the Eligible Location during the Promotion Period.

5.3. Individuals who have received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period are not eligible to participate in the Promotion.

5.4. The Promotion applies only to new Eligible Memberships and does not apply to membership transfers, membership upgrades or downgrades, suspended memberships, replacement memberships, corporate memberships, prepaid memberships, fixed-term memberships, or any other membership category determined by the Promoter as ineligible.

5.5. The Promoter reserves the right to verify the eligibility of any individual participating in the Promotion, including by requesting identification, payment verification, membership history, or any other information reasonably required to confirm eligibility.

6. Promotion Offer

6.1. Subject to these Terms and Conditions, each Eligible Individual who completes a Completed Signup for an Eligible Membership during the Promotion Period will receive the following promotional benefits:

1. $0 joining fee;
2. $0 access pass fee; and
3. a promotional credit equivalent to up to eight (8) weeks of standard membership fees applicable to the Eligible Membership.

6.2. The Offer will be applied to the Eligible Membership following successful completion of the Completed Signup process, including payment of any applicable upfront or pro-rata membership fee.

6.3. Any applicable pro-rata membership fee remains payable at the time of signup in accordance with the applicable Zoo Fit Membership Terms and Conditions. Promotional credits associated with the Offer will not be applied unless and until all required upfront amounts have been successfully processed.

6.4. Promotional credits provided under the Offer:

1. will be applied to the Eligible Membership account only;
2. have no cash value;
3. are non-transferable and non-refundable; and
4. cannot be exchanged, substituted, redeemed for cash, or applied to any other product, service, fee, or membership unless otherwise determined by the Promoter.

6.5. The Offer cannot be used in conjunction with any other offer, promotion, discount, corporate arrangement, referral incentive, or promotional benefit unless expressly approved by the Promoter.

6.6. The Offer does not apply to individuals renewing, reactivating, or rejoining a membership where the individual has received free membership time or substantially similar promotional benefits under any Viva Leisure, Zoo Fit, or affiliated brand promotion within the three (3) months immediately preceding the Promotion Period.

7. Membership Activation and Club Opening

7.1. Access to the Eligible Location and commencement of membership usage is deferred until the Eligible Location is operational and officially opened by the Promoter.

7.2. The Estimated Opening Date is indicative only and is subject to change due to operational, construction, regulatory, staffing, supply, safety, or other factors outside the Promoter's control.

7.3. The Promoter does not guarantee that the Eligible Location will open on the Estimated Opening Date and reserves the right to amend, delay, postpone, or vary the opening date at any time where necessary.

7.4. Subject to applicable law, including the Australian Consumer Law, changes to the Estimated Opening Date do not entitle an Eligible Individual to compensation for indirect or consequential loss arising from any delay, postponement, or change to the opening date.

7.5. Membership billing, promotional credits, and membership activation will be administered in accordance with the applicable Zoo Fit Membership Terms and Conditions and any operational directions issued by the Promoter in connection with the club opening.

7.6. The Promoter may communicate updates regarding the Estimated Opening Date, club access, membership activation, and operational commencement using the contact details provided by the Eligible Individual during signup.

8. Cancellation and Membership Changes

8.1. Any cancellation or change to an Eligible Membership remains subject to the applicable Zoo Fit Membership Terms and Conditions, including any applicable notice periods and fees.

8.2. If an Eligible Individual cancels their Eligible Membership during any promotional free period, any remaining promotional credit or free membership time will be forfeited and will not be refunded, reinstated, transferred, or credited.

8.3. Except as required by law, promotional benefits provided under the Promotion:

1. are non-transferable;
2. are not redeemable for cash; and
3. cease upon cancellation or termination of the Eligible Membership.

9. Exclusion and Disqualification

9.1. The Promoter reserves the right to refuse, suspend, or cancel participation in the Promotion where it reasonably believes that:

1. an individual does not satisfy the eligibility requirements for the Promotion;
2. false or misleading information has been provided;
3. the Promotion has been misused, manipulated, or used contrary to its intended purpose; or
4. these Terms and Conditions or the applicable Zoo Fit Membership Terms and Conditions have been breached.

9.2. Where participation in the Promotion is refused, suspended, or cancelled, the Promoter may remove or refuse to apply any promotional benefit associated with the Eligible Membership.

9.3. Except as required by law, individuals are not entitled to any cash payment, refund, compensation, or replacement benefit arising from any exclusion, suspension, or disqualification under this clause.

10. Refunds and Consumer Rights

10.1. Except as otherwise required by law, all fees and costs paid in accordance with these terms are non-refundable.

11. Privacy

11.1. You acknowledge and agree that all personal information collected, used, and retained by the Promoter in connection with this promotion will be handled in accordance with Viva's Privacy Policy and collection notice, which is expressly incorporated into these Terms and Conditions by reference. These Policies are available at www.vivaleisure.com.au/legal.

12. Disputes

12.1. Any disputes or complaints arising in connection with the Promotion should be submitted in writing to info@vivaleisure.com.au.

12.2. The Promoter will seek to resolve complaints reasonably and in accordance with applicable law.

13. General

13.1. Failure by the Promoter to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision or of the Promoter's rights.

13.2. The Promoter reserves all rights and remedies available under law or equity. The exercise of any right or remedy shall not preclude the exercise of any other right or remedy.

13.3. Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labour disputes, cyberattacks, or government actions.

13.4. These Terms and Conditions are governed by the laws of the Australian Capital Territory. The parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory for the resolution of any disputes.