FITBEAT HOME – MEMBERSHIP TERMS AND CONDITIONS
These Terms mean these membership terms and conditions, including any Appendices or Schedules (including the Online Behaviour Policy).
These Terms apply to any person (referred to as you or your) that uses or purchases Membership Services from Fitbeat Home Pty Ltd (ABN 11 643 108 614) (we, us, our). Collectively you and we are the Parties.
We will have no obligation or liability in connection with the Membership Plan or Membership Services until you accept these Terms. You will be deemed to have accepted these Terms if you confirm your acceptance of these Terms (or the provision of the Membership Services) through the Platform.
If an automatic debit arrangement is in place for your Membership Plan, the Fees will continue to be debited from your credit card or account until the arrangement is cancelled by you or us notifying your bank or credit provider. If you terminate these Terms or stop the automatic debit arrangement in a manner not described in these Terms, then you may be liable to us for damages for breach of contract.
You acknowledge and agree that all information you submit, including to register and update your account must be accurate, up-to-date and reflects your true identity. You will still be bound by these Terms and conditions even if your details are not accurate, out-of-date or do not reflect your true identity.
In these Terms, unless the context otherwise requires, capitalised terms have the following meaning:
Additional Services means services provided by us or our Personnel or the Platform which you may purchase for an additional fee whether currently available or as made available from time to time.
Billing Plan Cycle means the billing cycle for your Membership Plan as set out in Schedule 1.
Business Day means a day on which banks are open for general banking business in New South Wales, Australia, excluding Saturdays, Sundays and public holidays.
Confidential Information includes information which:
- is disclosed to you in connection with these Terms at any time;
- is prepared or produced under or in connection with these Terms at any time;
- relates to our business, intellectual property, assets or affairs; or
- relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.
Effective Date means the date that you are deemed to have accepted these Terms and successfully completed the signup process for a Membership Plan (including a Free Plan).
Fees means the fees payable by you for your Membership Plan or Fees or Additional Services, as communicated by us (including via the Platform) and which may be adjusted in accordance with these Terms.
Free Plan means any provision of part or whole of the Membership Services, on a free basis, including, but not limited to, Membership Plans that include a free trial period, Membership Plans that are on a completely free basis, or Membership Plans that are on a free basis due to your gym membership.
Health Form means the compulsory questionnaire which helps you and us assess your physical fitness to use the Membership Services, as further particularised in the Schedule 3.
Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
Meals means any food meals ordered by you from our nominated third party service provider.
Meal Plan means a customised meal plan, which forms part of the Membership Services.
Membership Plan means any Free Plan and our various membership plans (as described in Schedule 1), or any other membership plans that we may add from time to time.
Membership Services means one or more of the following, depending on your Membership Plan:
- booking and/or access to online classes;
- nutrition tracking;
- fitness goal tracking; and/or
- any other services that we communicate to you (including any services via the Platform),
from time to time, subject to these Terms.
Minimum Age Requirements means the minimum age requirement in the country where you receive the Membership Services.
Monthly Payment Date means the billing day of the month on which we will debit your payment method with the Fees, and which we may change from time to time.
Online Behaviour Policy means the online behaviour policy as further particularised in Schedule 2.
Payment Date means the billing date on which we will debit your payment method with the Fees, as set out in Schedule 1.
Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors and trainers.
Platform means any software that is accessible by downloading the Fitbeat application on Android or iOS, or any software that is accessible on any electronic hardware within our gym premises, or any software that is accessible via any of our Fitbeat desktop or mobile websites or can be accessed via mobile phones, personal computers, lap tops, televisions, monitors, tablets and other forms of smart devices.
Schedule means the schedule or schedules attached to these Terms.
- Subject to accepting the Platform terms and conditions, you may apply for access to Membership Services from us by signing up via the Platform. You agree to provide accurate, current and complete information during the application process and to update such information to keep it accurate, current and complete and advise us of any changes to the information.
- If you are under 18 years but meet the Minimum Age Requirements, by accepting these Terms you warrant that you have your parent’s or legal guardian’s consent and you have added their true name to the application form.
- We reserve the right at our sole discretion to refuse to approve any request to sign up or renewal of any Membership Plan.
- These Terms take effect on the Effective Date and will continue until terminated in accordance with clause 11.
3 Our obligations
In consideration of you paying the Fees, we will provide the Membership Services in accordance with these Terms.
- We may offer a Free Plan (which may be for a set period), including access to Membership Services as set out on the Platform and subject to these Terms. If a Free Plan forms part of a paid Membership Plan, this Free Plan is intended to be a short term membership which gives you a chance to evaluate if our services are right for you. The terms of a Free Plan will be communicated to you at the time that you sign up and may include limited features or access.
- You may choose via the Platform to sign up for a paid Membership Plan before, during or after any Free Plan. If you are found to be misusing the Free Plan we have the right to cancel your membership, terminate these Terms and your Platform account (if any). If you sign up to a Membership Plan during your Free Plan, the terms of the new Membership Plan will take immediate effect.
- You acknowledge and agree that:
- in order to make your first booking, you are required to read the statements provided in the Heath Form. By accepting this Agreement, you agree that the statements provided in the Health Form are complete and accurate. We may refuse to provide you with any Membership Services or ask for further information from you if you expressly notify us that you do not agree to the statements provided on the Health Form;
- we may introduce other Membership Services or offer Additional Services, from time to time, at our absolute discretion. We will determine the fee (if any), scope and conditions of new Membership Services or Additional Services at our discretion.
- In order to access and make use of the Membership Services, you will need to create an account by inputting basic information as requested in the applicable form on the Platform and/or by using your Google, Facebook or other social media network account (Social Media Account). If you create an account using your Social Media Account, you authorise us to access certain information on your Social Media Account. When signing up you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete and advise us of any changes to the information. Some of the information provided by you, may be available to be viewed publicly, including to other account holders. If information provided by you is available to be viewed publicly, you will have options for setting your privacy levels.
- It is your responsibility to keep your account details confidential. You are liable for any activity on your account. You must notify us immediately of any unauthorised use of your account.
- You must not create and/or maintain more than one account.
- Your membership is personal and you cannot transfer it to another person and it cannot be used by any other person.
5 Rules of Conduct
Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:
- to comply with the Online Behaviour Policy;
- to comply with these Terms, all applicable laws, and all our reasonable requests or requirements, at all times while you have a membership;
- to cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide the Membership Services, as requested by us from to time, and comply with these requests in a timely manner;
- that you will remain solely responsible for all and any activities you undertake through the use of the Membership Services;
- to not allow any third party with access to any Membership Services, including any online classes;
- to not be under the influence of alcohol or non-prescription drugs when participating in the Membership Services;
- to not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or a third party; and
- to wear suitable clothing at all times when using the Membership Services.
6 Your acknowledgements and warranties
- Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:
- your participation in the Membership Services may expose you to the risk of physical harm or personal injury. The risk of physical harm or personal injury may arise from, but is not limited to, your physical fitness level, your level of fitness experience or any equipment supplied by us or any third party (including any third party where from whom you have directly purchased equipment). You acknowledge and agree that physical harm or personal injury may arise from your or another party’s acts, omissions or negligence. You voluntarily accept any risk that may arise from your participation in the Membership Services including injuries. . If you have minimal or no fitness experience, you agree to seek medical advice as to the appropriateness of any online classes as relevant to your fitness experience and to adapt your participation in the online classes according to your fitness experience;
- in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe use of the Membership Services, you must cease to use the Membership Services and contact your medical provider;
- any nutrition information provided is for general information purposes only and you should always seek specific advice from a medical professional, including in regards to your diet and the use of any dietary supplements;
- you will not use the Membership Services, including relying on any nutrition information communicated to you via the Platform, where you have any medical concerns and you will seek advice from a medical provider; and
- any product supplied by us to you is not a medical product and is not intended to diagnose, treat, cure or prevent any disease;
- your reliance on any information that is provided to you is at your own risk.
- You represent and warrant that:
- you meet the Minimum Age Requirements, or if you are under the Minimum Age Requirements, you have the express consent of a parent or legal guardian to use the Membership Services;
- there are no legal restrictions preventing you from agreeing to these Terms;
- you will at all times comply with the rules of conduct set out in clause 5;
- any statement in the Health Form will be, at all times, true, correct and complete, and you will refrain from using the Membership Services if any statement in the Health Form is no longer true, correct and complete;
- you know of no physical or medical conditions that prevent you from participating in the Membership Services or if you know of any physical or medical conditions, you accept that you may be required by us to receive consent from a medical professional to participate in the Membership Services and you have accordingly received this consent;
- you will follow our reasonable instructions;
- you will inform us if you have reasonable concerns relating to our provision of the Membership Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns;
- you will not use the Membership Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety; and
- the provision of the Membership Services or Additional Services are for your personal use only and you cannot resell any services or goods that you obtain from us under these Terms.
7 Third Parties
- You acknowledge and agree that:
- the provision of the Membership Services may be contingent on, or impacted by, third parties, end users, suppliers, other subcontractors (Third Party Inputs); and
- despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible, and will have no Liability, for any default or breach of these Terms or law, if such default or breach was caused or contributed to by any Third Party Inputs.
8 Meals and Meal Plans
- You may order Meals via the Platform from our nominated third party service provider, currently My Muscle Chef, and may be any other third party service provider who we may nominate from time to time.
- You agree that any order for Meals will be provided by our nominated third party service provider, and not us, and we will have no Liability to you to supply any ordered Meals.
- To the extent that you choose to purchase Meals via the Platform, from our nominated third party service provider, you are solely responsible for the purchase of, and any terms and conditions related to, those Meals. For the avoidance of doubt, we are not a party to any agreement between you and our nominated third party service provider.
- If, as part of the Membership Services, we agree to provide you with Meal Plans, you agree:
- that we may require you to complete a questionnaire as to your gender, fitness goals and meal preferences, among other things, and you agree to provide accurate, current and complete information;
- to review the Meal Plans against any food allergies and dietary requirements and not follow such Meal Plans if it is incompatible with any food allergy or dietary requirement you may have;
- warrant and represent that you will confirm any Meal Plan with your medical physician and ensure that you are cleared to undertake the recommendations made under the Meal Plan; and
- that you assume all risk associated with following the Meal Plan and you agree that following the Meal Plan may result in serious bodily injury or death, particularly if you have provided false information or failed to seek the advice of a medical physician.
- You agree to pay us the Fees, and any other amounts payable to us under these Terms on each Payment Date in accordance with your Billing Plan Cycle (if applicable), without set off or delay via credit card or any other payment method set out on the Platform. If applicable, Membership Plan Fees must be paid prior to your access to the Membership Services.
- If your first Payment Date is not on the Monthly Payment Date, you will only be charged the applicable portion of the Fee for your Membership Plan for the remainder of the month before the Monthly Payment Date. Your second Payment Date will be on the Monthly Payment Date.
- You must provide us with all information which we may require in order to set up direct debit payments, which may include signing any direct debit agreement or authorisation form which we or our biller (currently, Stripe, but may be any other biller, which we nominate from time to time) may require.
- If we are not able to successfully process your direct debit payment or credit card payment, an administration fee is payable on each unsuccessful occasion equal to $10 or the amount charged by the third party payment processor or any other relevant third parties.
- You will be notified if payment is not made on time.
- If any payment has not been made within 2 days of your Payment Date, we may (at our absolute discretion) immediately suspend providing the Membership Services.
- If payment has not been made within 14 Business Days of your Payment Date we reserve the right to charge you interest for any unpaid amount, at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly.
- If payment has not been made within 14 Business Days of your Payment Date we reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
- If you wish to make any changes to your Membership Plan, you must contact us via email, or any other contact method we may introduce from time to time and such requested changes will only take effect where we agree to these changes in writing.
- We may amend your Membership Plan at any time by providing you with 30 days’ written notice. If you do not agree to any amendment to your Membership Plan, you may cancel your Membership Plan in accordance with clause 11(a).
- To the extent permitted by law, the Fees are non-refundable.
- Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Membership Services, Additional Services by us to you which, except as set out at 10(c), cannot be excluded, restricted or modified.
- However, under certain legislative provisions, we can ask you to accept some limitations to the ACL guarantees. By accepting these Terms you agree that we may, to the extent permitted by law, exclude or limit our Liability to you for death or injury from our failure to comply with the ACL guarantees.
- This exclusion does not apply if your death or injury is caused by our reckless conduct (as defined in the ACL).
- Despite anything to the contrary, to the extent permitted by the law:
- our maximum aggregate Liability arising from or in connection with the Platform and these Terms must not exceed the aggregate amount of Fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- To the extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:
- any loss or damage to your property (including personal items);
- any negligent acts or omissions of you or any third party, including any third party that you allow to use any part of the Membership Services; and/or
- lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Membership Services, Additional Services;
- any other loss, liability or damage that you may incur as a result of the Membership Services, Additional Services provided by us to you;
- the coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (or any mutation or variation thereof), including, but not limited to, the outbreak or contraction of, COVID-19 or SARS-CoV-2 (or any mutation or variation thereof), or any action taken in controlling, preventing, suppressing or in any way relating to any outbreak of COVID-19, SARS-CoV-2 (or any mutation or variation thereof); or
- our breach of these Terms or delay or non-performance of our obligations under these Terms due to a Force Majeure Event. For the purpose of these Terms, a Force Majeure Event is any one, or combination, of the following events or circumstances:
- fire, hurricane, typhoon, earthquake, cyclone, landslide, tsunami, mudslide or other catastrophic natural disaster;
- civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities;
- ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination;
- disease (including any mutation or variation thereof), epidemic, pandemic, government sanctioned shutdown or any action taken in controlling, preventing, suppressing any outbreak of any disease (including any mutation or variation thereof), or global economic downturn;
- any goods and services provided by third parties, including, hosting providers or internet service providers, which the provision of the Membership Services may be contingent on, or impacted by; and
- blackouts; amended legislation; lockouts; strikes; disputes with landlord; or all other types of force majeure events, including events beyond our reasonable control.
- Nothing in these Terms excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in these Terms, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clauses 10(b), 10(c) and 10(e), we are not liable for death or injury caused by our negligence or breach of implied terms that the services will be provided with reasonable care and skill. This does not exclude our liability for reckless conduct.
- Indemnity: Despite anything to the contrary, to the maximum extent permitted by the law, you must indemnify us and hold us harmless from and against any loss, cost, liability or damage, howsoever arising, suffered or incurred by us and arising from or in connection with any claim relating to any breach of these Terms by you.
11 Cancellation, Termination, Suspension & Freezes
Your cancellation of your Membership Plan
- You may cancel your Membership Plan (if permitted), as set out in Schedule 1.
- All cancellation requests must be made via email to us.
Suspending your Membership Plan
- If you provide a valid medical certificate certifying that you cannot participate in online classes for a specified period of time, we may agree to suspend your Membership Plan for a period of time agreed with you in writing.
- The end date of your Membership Plan will be extended by any suspension periods during the term of your current Membership Plan. You will not be able to use the Membership Services while your Membership Plan is suspended.
- If your Membership Plan expires or is cancelled, you may not be able to benefit from all our services.
- We will maintain your account on the Platform and these Terms will not terminate if you cancel your Membership Plan or if it automatically expires.
Our cancellation of your Membership Plan and/or termination of these Terms
- We may cancel your Membership Plan and/or terminate these Terms at any time with 30 days’ written notice to you (Termination for Convenience). Despite anything to the contrary, you will not be required to continue paying the Fees for your Membership Plan after such Termination for Convenience takes effect.
- We may cancel your Membership Plan and/or terminate these Terms immediately and at our sole discretion, if:
- you commit a repeated or serious breach of these Terms or of the Platform terms and conditions;
- you breach these Terms and if the breach is capable of remedy and you do not remedy the breach within 14 days of us giving you notice to do so;
- any payment has not been made within 7 days of your Payment Date (at our absolute discretion);
- you consistently (on more than 3 occasions) make payment after your Payment Date;
- you have a Fitbeat gym membership which has been terminated for any reason; or
- in accordance with clause 13(d).
- If we significantly amend these Terms in a way that adversely affects you and the amendment is not reasonably necessary to protect our legitimate interests, you may cancel your Membership Plan and/or terminate these Terms within 30 days of the amendment becoming effective without notice.
- Where you have no Membership Plan, you or we may terminate these Terms by terminating or closing your Platform account.
- On termination of these Terms, you must immediately return to us all property, including Confidential Information, belonging to us or our Personnel.
- Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.
- If you have any feedback or questions about the Membership Services, please contact us.
- If there is a dispute or you have a complaint in relation to these Terms, your Membership Plan or the Membership Services, you must tell us in writing the nature of your complaint and/or dispute, what outcome you want and what action you think will settle the dispute so that we can seek to resolve your complaint.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. The Platform settings give you control over your privacy preferences. You may be asked to set these as part of creating your account on the Platform.
- Confidentiality: You will keep confidential, and not use or permit any unauthorised use of, any Confidential Information without our prior written consent, except where the disclosure is required by law.
- Subcontract: We can subcontract our obligations to someone else without notice. But if we subcontract our obligations, we are still responsible for ensuring our obligations are met.
- Force Majeure Event: If a Force Majeure Event subsists so that we are unable to perform all or a material part of its obligations under these Terms for a period of at least 2 months, we may terminate these Terms with immediate effect by notice to you. Upon issue of such notice, clauses 11(e), 11(f) and 11(k) will apply.
- Notices: Any notice given to us under these Terms must be in writing addressed to us. Any notice to you must be in writing and addressed to your current address or email address within your account on the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
- Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our written consent. We may assign or transfer our rights or obligations under these Terms without your consent. We can assign or transfer the benefit of your contract to a person, firm or company at any time. We will give you 28 days’ notice in writing.
- Relationship of Parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the Parties.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
- Amendment: We may make changes to these Terms, including the Fees and Membership Services, from time to time, by giving you at least 1 week notice where a change is a material change. Amended Terms are effective on the date we publish the amendment if it is a non-material change or 1 week after notification if it is a material change. If, for any reason, we fail, or are unable to, notify you of any material change, the amended Terms are effective from 1 week after we publish the amended Terms on the Platform. We recommend you carefully read the Terms that are in effect at any given time to ensure you understand and agree to them.
- Survival: Clauses1, 7, 8, 10 and 13 survive termination of these Terms.
- Governing law: These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. The Parties irrevocably submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
- Waiver: No waiver by either Party of any provision of these Terms will amount to a waiver of any other provision of these Terms unless made in writing and signed by the Party against whom the waiver would have been enforced.
Contact details: [email protected]
Last update: 10 November 2020
Schedule 1 – Membership Plans
|Membership Plan||Inclusions||Payment Date and Billing Plan Cycle (if applicable)||Term (unless cancelled or terminated early in accordance with the Cancellation, Termination, Suspensions and Freezes clause in the Terms)||Cancellation and notice period|
|Free Plan||As described on the Platform.||Not applicable, unless the Free Plan converts to a Standard Home Membership, in which case the Payment Date is as set out under the Standard Home Membership.||Your Free Plan will commence at the time that you sign up for the Free Plan, and at the end of the Free Plan period (as specified at the time that the Free Plan is offered to you, or as amended from time to time) (Free Plan Period), the Free Plan will automatically convert to a paid Standard Home Membership unless you cancel the Free Plan during the Free Plan Period.||During the Free Plan Period, you may cancel at any time with no notice period and cancellation will be effective immediately.
If the Free Plan has converted, to a Standard Home Membership, the cancellation and notice period are as set out under the Standard Home Membership.
|Standard Home Membership||As described on the Platform||Monthly in advance, the first of which is to commence at the time that you sign up for the Membership Plan (on a pro rata basis), and afterwards on the first day of the month (or the next Business Day if the first day of the month does not fall on a Business Day).||Your Membership Plan will commence at the time that you sign up for the Membership Plan and will continue unless the Membership Plan is cancelled or terminated in accordance with these Terms.||Any time with no notice period. Cancellation will be effective at the end of your current monthly billing cycle.|
|6-Week Home Challenge||As described on the Platform||Upfront in advance||Your Membership Plan will commence at the time that you sign up for the Membership Plan and will expire at the end of the Membership Plan period, being 6 weeks from commencement.||Not applicable|
Schedule 2 – Online Behaviour Policy
As introduced by us to you in writing, from time to time.
Schedule 3 – Health Form
If you answer ‘yes’ to any of the questions below, you need to seek medical advice from a GP or a referred specialist on whether you can participate in any online classes or other Membership Services:
- Has your doctor ever told you that you have a heart condition or have you ever suffered a stroke?
- Do you ever experience unexplained pains in your chest at rest or during physical activity/exercise?
- Do you ever feel faint or have spells of dizziness during physical activity/exercise that causes you to lose balance?
- Have you had an asthma attack requiring immediate medical attention at any time over the last 12 months?
- If you have diabetes (type I or type II) have you had trouble controlling your blood glucose in the last 3 months?
- Do you have any diagnosed muscle, bone or joint problems that you have been told could be made worse by participating in physical activity/exercise?
- Do you have any other medical condition(s) that may make it dangerous for you to participate in physical activity/exercise?
By continuing, you confirm that you either answered ‘no’ to all of the questions above or you have obtained a medical clearance letter from your doctor confirming that you may participate in any online classes or other Membership Services.