Rules & Terms

SOMA COLLECTION AUSTRALIA PTY LTD ACN 623 740 625 (“us” / “we” / “our”)
SOMA Club Rules (“Rules”)
Member name (“you” / “your”)

INTRODUCTION AND DEFINITIONS
In these Rules “the Company” means SOMA COLLECTIONAUSTRALIA PTY LTD (and all of its subsidiary or related companies) which provides the Club and itsfacilities for the benefit of the Members; “the Club” means “SOMA”; “Member” means a Club Member;“Rules” mean the terms and conditions of the Club set out below. It is a condition of membership that Members agree to pay the fees in accordance with their selected membership package and agree to be bound by these Rules. These Rules may be revoked, altered or added to from time to time by theCompany, without prior notification to Members. Any such variations will be updated on the Club Ruleson our website. The Company has created these Rules for the mutual enjoyment of the Members and their guests. The enforcement of these Rules is for the good of all Members. No Member or guest will be judged on the basis of their race, gender, marital/civil partnership status, age, disability, religion or belief, colour, national origin or sexual orientation or any other factor that makes them unique.

MEMBERSHIP CARDS
may be physical or virtual, and can be generated via your Member app, or may be issued on the provisionof ID. You must use your Membership card to register your use of the Club every time you wish to use theClub. You must activate your membership at the SOMA entrance at the Concierge to enter the Club. Membership cards are non-transferable, and access methods must not be lent to, or used by, another person other than the Member. If any person other than Member the card belongs to uses the card, that Member’s membership may be terminated and no refunds of the joining fee or subscription will begiven. A termination fee may become payable for early termination. The Company reserves the right toretain or cancel any membership card if there has been a defaulted payment by the relevant Member.GUEST ENTRY Members may invite guests to the Club on payment of the relevant guest fee or production and forfeiture of a guest pass. All guests must be over the age of 18, other than if a special family promotion takes place, in which case guests under the age of 18 must be accompanied by an adult member. All guests are required to register at the Concierge desk, showing valid ID – 1 guest visit constitutes 1 entry to the club. Members are responsible for ensuring that their guests are aware of, and adhere to, the Club Rules. The Company reserves the right to refuse admission to any guest without explanation.

USE OF FACILITIES AND SERVICES
Club opening hours are fixed by the Company and are subject tochange without prior notice. During weekends, public holidays or other holidays, the Company may close the Club without notice, in order to execute repairs, alterations, accommodate external events, re-decorations or otherwise, to facilitate Club programmes or on certain holidays. Only Company staff and contractors may provide personal training and instructing services within the Club. Members are requested to arrive for appointments and studio classes in good time. An instructor may refuse entry, or may ask any Member to leave a class if they feel theirs, or another’s, safety or enjoyment is in jeopardy. A Mind and Body teacher may decline entry for late attendees to avoid interruption for other participants.

SOMA
is not liable for such refused late entries, and late cancellation fees may apply. The Company reserves the right to refuse entry to the Club’s premises at its absolute discretion. Where a class is run on the Club token/booking system, entry into that class may not be available if a token has not been collected from Concierge and handed to the instructor/the class has not been booked, and/or the class is full. Please see our Booking Rules for more information. It is the Member’s or guest’s responsibility to ensure that they are capable of undergoing any activity within the Club. All activities and treatments are pursued at the Member’s own risk. Whilst every effort has been made to ensure the accuracy of the class programme, the management reserves the right to cancel or re-schedule or change the teachers of classes after publication and at short notice. The programme may be amended during public holidays.Members may not use the studios unsupervised outside the class timetable. Use of fitness areas andother Club facilities is at the Member’s or guest’s own risk and under their own medical advice.

CLOTHING
Proper attire, as determined by the Company, must be worn in the Club. Members must notgo topless in the fitness areas. Members are requested to wear at all times appropriate clean footwear in the fitness areas. Footwear must be worn at all times other than in a Mind and Body studio, where youare required to remove your shoes.

CONDUCT
Members are requested to shower before entering the sauna. Shaving or exfoliating within the sauna is forbidden. Only food purchased from the club should be consumed within the club. Noalcoholic beverages or drugs of any kind may be brought into the Club. Violation of this rule will result inimmediate expulsion from the Club and may result in termination of membership. Members or guestsshall not use the Club’s facilities whilst under the influence of alcohol or drugs. In the event they do so,this is entirely at their own risk. Mobile phones are allowed in the clubs but should be placed on silent whilst in the gym and changing rooms. Members must not take photos or videos of other members in the club and must be considerate of other members when using a mobile phone. In the interest ofsafety, glass containers should not be taken into any fitness areas, Sauna or changing areas. Beconsiderate of others; loud or abusive language will not be tolerated. Club property, including towels, toiletries, etc., is provided by the Club as a courtesy to its Members during Club usage only. Removal of Club property from the premises may result in the termination of membership privileges, cancellation of your Membership, early termination fees, and legal action.

CANCELLATIONS
Member appointments for Spa treatments, personal training and private group classes that have been booked require 24 hours’ notice when cancelling. If a Member fails to attend an appointment without providing such notice, the Club reserves the right to charge the full cost of the appointment. Please see our Booking Rules or more information.

CLEANLINESS
Members are required to leave workout areas clean and tidy. As a courtesy to other Members and for health and safety reasons, equipment needs to be replaced in the storage areas/racks provided and equipment must be wiped down after use.

LOCKERS
Lockers may be available for use by Members and their guests whilst they are on the Club’s premises, subject to availability. Members must ensure that the contents of the daily lockers are removed at the end of their visit. Only Members who have paid to hire a permanent locker may have personal items left in their lockers overnight. Permanent lockers remain the property of the Club and under no circumstances can be shared with another member. The club reserves the right to open lockers without the member’s permission or the member being present. All bags must be kept in lockers and should notbe taken into the fitness areas. The Company reserves the right to remove the contents from any‘non-permanent’ locker, which has not been emptied after the visit. Property cleared from lockers, or left on the premises, shall be donated to charity after 1 month. Any person caught tampering with a locker or reasonably suspected of theft is subject to their membership being suspended or terminated, and being reported to law enforcement.

LIABILITY
Do not bring valuable into the Club. Neither the Club nor the Company will accept liability for any damage or loss to a Member’s or guest’s personal property brought into the Club’s premises. All activities and treatments are taken at the Member’s or guest’s own risk. Neither the Club, the Company nor their staff, contractors or any other person is be liable for personal injury sustained by Members or their guests whilst on the Club’s premises, except in so far as it can be proven that this relates to the wilful act, neglect or default of the Company or the Club or any contractors or agents. Members or guests who suffer an accident or injury on the Club premises must report the accident or injury and the circumstances in which it occurred to the Club Management immediately following the accident or injury.

MEMBER’S HEALTH AND SAFETY WARRANTY
Members and guests must warrant and represent thatthey are in good physical condition and capable of engaging in exercise and notify a member of thefitness team immediately in order that Member/guest notes and their programme can be updated ormedical clearance obtained. If through injury or other reason, such as pregnancy, this is not the case, they must consult a doctor before engaging in exercise and that he/she knows of no medical or other reason why he/she is not able to engage in active or passive exercise and that such exercise would not be detrimental to his/her health, safety, comfort or physical condition. The Member shall not use any Club facilities whilst suffering from any infectious or contagious illness, disease or other ailment or whilst suffering from a physical ailment such as open cuts, abrasions, open sores or minor infections where there is a risk that such use may be detrimental to the health, safety, comfort or physical condition ofother Members. Before using the club you should familiarise yourself with the fire exits and emergencyroutes in case of evacuation. Please note that employees are NOT required to “seek & search” the building. Therefore it is the responsibility of each individual to follow the relevant instructions.

DATA PROTECTION
Your data privacy and security are important to us. Please refer to our Privacy Policy, which explains how we collect, store and handle your personal information.

CANCELLATION AND FREEZE OF MEMBERSHIP
Membership cancellations or freezes must be activatedat least three days before your next billing cycle and in accordance with your membership terms.Membership cannot be amended whilst in the notice period. Verbal instructions to amend or cancel amembership cannot be accepted, all requests must be in writing. Memberships can only be cancelled if subscription collection is active. Monthly fees and/or prepaid fees are not refundable. Ex-members wishing to re-join the club will be asked to pay a joining fee plus any unpaid balance from the previous membership. Members cannot use the Club and cannot apply to cancel while their membership isfrozen. The Company shall have the right to suspend or withdraw Club privileges or membership fromany Member who, in their opinion, has abused privileges or conducted himself or herself in a manner deemed detrimental to the Club staff or its Members. Such expulsion or suspension shall become effective immediately and no reimbursement will be issued to such Member of the pro-rated portion of their unused monthly fees. There will be no refund of the joining fee. The Manager or a delegate shall have complete charge of the Club whilst on duty. Members may be suspended or expelled from the Club immediately if they display conduct which is, or is likely to be in the sole opinion of the Company, injurious to the character of the Club or the interests of the Members and staff, or if they commit a serious or repeated breach of these Rules, in particular where amounts owing to the Company are unpaid. An expelled Member forfeits all the privileges of the membership and all rights against the Company. An expelled Member will not be entitled to any refund of their joining fee or subscription and must pay all amounts owed to the Company forthwith.CCTV Closed circuit cameras operate throughout the Club (except in the changing areas) (see our PrivacyPolicy for more information). Any unlawful activity within the Club may be reviewed for possible legal action.

STANDARD COMPLAINTS PROCEDURE
Members and guests are encouraged to make any comment or complaint via the comment cards located at Concierge. Please ensure that all contact details are detailed on the card in order that a member of the team can contact you accordingly to discuss. Should a Member or guest wish to discuss any issue in person they can also request to speak to the manager on duty who can be contacted by Concierge. Members and guests may also contact the General Manager. It is our aim that we respond within 48 hours of receiving a comment or complaint. All written and verbal complaints are discussed at the club’s morning team meeting every weekday and tracked until resolved.

GENERAL
The Company may assign the benefit of the Membership Agreement to a third party at anytime without notice to the Member. A person who is not a party to the Membership Agreement has no rights to rely upon or enforce any term of the Membership Agreement.

COMMUNICATION
The Company may communicate with the Members via electronic mail (“email”) and/or by SMS as set out in our Privacy Policy.

CLOSING TIME
Members are required to leave the fitness floors 20 minutes before closing times if theywish to take a shower. Members are required to vacate the sauna 20 minutes before closing times to allow them to take shower. Once a year our clubs may have to close over a weekend for general maintenance.