L9 GAMES

#### L9 Liability Waiver and Injury Risk Acknowledgement **1. Important Notice** 1.1 By booking, attending, entering, participating in or using any L9 class, facility, program, event, workshop, service, equipment or premises, you acknowledge and accept the risks described in this document. 1.2 This Liability Waiver and Injury Risk Acknowledgement applies to all L9 memberships, access passes, class passes, casual visits, workshops, events, activities, services, facilities and premises. 1.3 By accepting this document, you may be giving up legal rights to the maximum extent permitted by law. **2. Minimum Age** 2.1 You must be 18 years old or older to participate in L9 classes, activities, events or services, or to enter any L9 training area, unless L9 has expressly agreed otherwise in writing. **3. Physical Activity Risk** 3.1 L9 involves physical training, exercise, calisthenics, strength training, mobility training, flexibility training, skill training, bodyweight training, conditioning, cardiovascular exercise, stretching, inversions, hanging, balancing, jumping, landing, falling, partner proximity, use of equipment and other physical activities. 3.2 These activities involve inherent risks. 3.3 The risks include muscle soreness, sprains, strains, bruising, cuts, abrasions, falls, impact injuries, overuse injuries, joint injuries, tendon injuries, ligament injuries, dislocations, fractures, concussion, fainting, dizziness, shortness of breath, aggravation of pre existing conditions, serious injury, permanent injury and death. 3.4 Participation may also involve damage to, or loss of, personal property. **4. Your Health and Suitability** 4.1 You are responsible for ensuring that you are physically and medically suitable to participate in L9 activities. 4.2 You must not participate if you are not in suitable physical condition. 4.3 You must obtain medical clearance before participating if you have, have had, or may have any medical condition, injury, disability, illness, physical limitation or other concern that may affect your ability to exercise safely. 4.4 You must obtain medical advice before participating if you are pregnant, have osteoporosis, have a heart condition, have diabetes, have a joint condition, have asthma requiring medication, have high or low blood pressure, have experienced dizziness, fainting, stroke symptoms, chest pain at rest or during exercise, or have been advised by a medical professional that exercise may be unsafe for you. 4.5 If you are unsure whether L9 is suitable for you, you must obtain medical clearance before participating. 4.6 You must immediately tell L9 if your health, injury status, medical condition or ability to safely participate changes. **5. Your Responsibility During Training** 5.1 You agree to take reasonable care for your own safety. 5.2 You agree to follow the instructions of L9 coaches, instructors, staff and representatives. 5.3 You agree to train within your ability. 5.4 You agree to stop immediately if you feel pain, dizziness, faintness, shortness of breath, unusual discomfort, unsafe, unwell or unable to continue. 5.5 You agree to immediately tell an L9 coach, instructor or staff member if you feel unsafe, unwell or injured. 5.6 You agree not to attempt movements, skills, exercises, progressions or equipment use that you believe may be unsafe for you. 5.7 You agree that you are responsible for deciding whether to participate, continue, stop, modify or avoid any activity based on your own condition and ability. **6. No Guarantee** 6.1 L9 will take reasonable steps to provide a safe and supportive training environment. 6.2 You acknowledge that no physical activity environment can be completely free from risk. 6.3 L9 does not guarantee that participation will be free from injury. 6.4 L9 does not guarantee any particular fitness, strength, mobility, flexibility, skill, body composition, health, performance or aesthetic outcome. **7. Assumption of Risk** 7.1 You voluntarily assume the risks associated with participating in L9 activities. 7.2 You acknowledge that some risks may be obvious, inherent or unavoidable in physical training and recreational activity. 7.3 You accept responsibility for injury, loss or damage that occurs as a result of risks that are inherent in the activities, your own condition, your own decisions, your failure to follow instructions, or your participation in L9 activities. **8. Release and Waiver** 8.1 To the maximum extent permitted by law, you release Level Nine Fitness Pty Ltd, Level 9 Fitness Pty Ltd, L9, its related entities, directors, officers, employees, contractors, coaches, instructors, representatives, agents, successors, assigns, affiliates and facility operators from claims, demands, actions, losses, damages, costs, expenses and liabilities arising from or connected with your participation in L9 activities. 8.2 This release applies to claims arising from injury, illness, death, property damage, loss, delay, cancellation, interruption or any other loss connected with L9 activities. 8.3 This release does not exclude, restrict or modify any rights that cannot be excluded, restricted or modified under Australian law. **9. Indemnity** 9.1 To the maximum extent permitted by law, you indemnify L9 against any claim, loss, damage, liability, cost or expense arising from your breach of this document, your breach of the L9 General Terms and Conditions, your breach of your product terms, your negligent, reckless, unsafe or unlawful conduct, your failure to follow instructions, your misuse of L9 equipment or facilities, or any injury, loss or damage caused by you to another person or to property. **10. Damage to Equipment or Property** 10.1 You are responsible for damage to L9 equipment, facilities or property caused by your negligent, reckless, intentional or improper use. 10.2 L9 may require you to pay the reasonable cost of repair or replacement. **11. Emergency Medical Treatment** 11.1 If L9 reasonably believes you require urgent medical assistance, you authorise L9 to seek emergency medical help for you. 11.2 You are responsible for any medical, ambulance, hospital or related costs incurred as a result, unless the law requires otherwise. **12. Refusal of Participation** 12.1 L9 may refuse, suspend or stop your participation in any class, activity, event or service if L9 reasonably believes that participation may be unsafe, unsuitable, disruptive or inappropriate. 12.2 This may occur because of your physical condition, behaviour, failure to follow instructions, injury risk, intoxication, suspected drug use, illness, unsafe conduct or any other reasonable safety concern. **13. Continuing Effect** 13.1 This Liability Waiver and Injury Risk Acknowledgement applies each time you book, attend, enter, participate in or use any L9 class, facility, program, event, workshop, service, equipment or premises. 13.2 It continues to apply even after your membership, pass, booking or access ends. **14. Acknowledgement** 14.1 You acknowledge that you have read, understood and accepted this Liability Waiver and Injury Risk Acknowledgement. 14.2 You understand and confirm that by accepting this document, taking a membership, buying a pass, attending any activity, attending any event, or entering any L9 premises, you may be giving up considerable future legal rights to the maximum extent permitted by law.

#### L9 General Terms and Conditions **1. Plain Terms** 1.1 These Terms are written to be read and understood. 1.2 If anything is unclear, contact L9 in writing before purchasing, booking, attending or participating. **2. Business Details** 2.1 These Terms apply to Level Nine Fitness Pty Ltd, Level 9 Fitness Pty Ltd and L9. 2.2 Level 9 Fitness ABN: 68 634 006 063. 2.3 In these Terms, L9 means Level Nine Fitness Pty Ltd, Level 9 Fitness Pty Ltd, its related entities, directors, officers, employees, contractors, coaches, instructors, representatives, agents, successors, assigns, affiliates and facility operators. **3. Your Agreement With L9** 3.1 These General Terms and Conditions apply to all L9 memberships, access passes, class passes, casual visits, drop ins, workshops, events, programs, products, services, bookings, facilities, premises and activities. 3.2 When you buy, book, attend, enter, participate in or use any L9 product, service, class, facility or premises, you agree to your product terms, the L9 Liability Waiver and Injury Risk Acknowledgement, and these L9 General Terms and Conditions. 3.3 Together, those documents form your agreement with L9. 3.4 You do not have to accept these Terms. You can choose not to accept them by not buying, booking, attending, entering, participating in or using any L9 product, service, class, facility or premises. **4. Product Terms** 4.1 Each L9 product may have its own product terms. 4.2 Product terms may include the product name, product type, price, payment date, payment frequency, minimum term, cancellation notice period, cooling off period, number of classes or bookings included, number of pauses allowed, expiry date, included locations, included services, benefits, limits and product specific conditions. 4.3 If there is any inconsistency between your product terms and these General Terms and Conditions, your product terms apply for that specific product matter. **5. Eligibility** 5.1 You must be 18 years old or older to buy, book, attend or participate in L9 classes, memberships, activities, workshops, programs, events or services, unless L9 has expressly agreed otherwise in writing. 5.2 You must be physically and medically suitable to participate. 5.3 You must comply with the L9 Liability Waiver and Injury Risk Acknowledgement. **6. Payments** 6.1 You must pay all amounts due under your product terms. 6.2 Payments must be made by the payment method accepted by L9. 6.3 If your product requires recurring payments, you authorise L9 and its payment provider to automatically charge your credit card or nominated payment facility for all amounts due. 6.4 You must ensure your payment details remain valid and that sufficient funds are available. 6.5 Payments may be processed by a third party payment provider. You agree to comply with any reasonable payment requirements needed to process your payment. 6.6 If payment processing fees, card fees, dishonour fees or other third party fees apply, those fees may be charged to you where disclosed or where permitted by law. **7. Failed Payments** 7.1 If a payment fails, L9 may retry the payment. 7.2 If an amount remains unpaid, L9 may suspend your bookings, access, membership benefits, pass benefits and participation until the overdue amount is paid. 7.3 L9 may cancel your membership, pass, booking or access if amounts remain unpaid. 7.4 Suspension or cancellation for failed payment does not remove your responsibility to pay amounts already due or amounts payable during a minimum term. 7.5 L9 may recover reasonable costs incurred in collecting overdue amounts, where permitted by law. **8. Price Changes** 8.1 L9 may change prices from time to time. 8.2 If a price change affects an active recurring membership or product, L9 will give you at least 30 days notice unless your product terms state a longer notice period. 8.3 If you do not accept the price change, you may cancel the affected product before the new price takes effect. 8.4 If you continue to use the product after the new price takes effect, you will be taken to have accepted the new price. **9. Product Inclusions** 9.1 Your product inclusions are shown in your product terms, the L9 App, the L9 website, the checkout page, or other written material provided by L9. 9.2 Product inclusions may include access to certain classes, facilities, locations, events, services, features or benefits. 9.3 Some classes, workshops, programs, sprints, events, services, products and activities may require an additional payment. 9.4 L9 may make reasonable changes to timetables, class types, coaches, locations, facilities, programs, inclusions, benefits and availability. 9.5 If L9 makes a material change to the core inclusions of your product, you may cancel the affected product without penalty from the date the change takes effect, unless the change is temporary, required for safety, required by law, or caused by circumstances outside L9’s reasonable control. **10. Eligible Classes and Excluded Activities** 10.1 Eligible classes are the regular L9 classes that your product allows you to book and attend, as shown in your product terms, the L9 App, the checkout page, or other written material provided by L9. 10.2 Workshops, programs, sprints, special events, private coaching, personal training, merchandise, supplements, food, drinks, online programs, competitions, retreats and other paid activities are not included unless expressly stated in your product terms. 10.3 L9 may decide which classes, workshops, programs, sprints, events and services are included or excluded from each product. **11. Unlimited Classes** 11.1 If your product includes unlimited classes, this means you may book and attend eligible classes as often as reasonably available. 11.2 Unlimited classes are subject to class availability, timetable availability, booking rules, class capacity, safety rules, fair use, your conduct, the L9 App, and any class restrictions shown in your product terms or in the L9 App. 11.3 L9 may restrict bookings or attendance if L9 reasonably believes your use is excessive, unsafe, disruptive, unfair to other members, or inconsistent with the intended use of the product. **12. Location Access** 12.1 Your included location or locations are shown in your product terms. 12.2 You may only use your product at the included location or locations unless L9 agrees otherwise in writing or your product terms say otherwise. 12.3 Access to other L9 locations is not automatically included. 12.4 L9 locations may have different owners, operators, facilities, prices, products, timetables, classes and rules. 12.5 You cannot transfer your membership, pass, booking, credit or access to another L9 location unless L9 agrees in writing. 12.6 If L9 allows a location transfer, different pricing, terms, availability or product rules may apply. **13. Bookings** 13.1 Bookings are subject to availability. 13.2 You must book classes, events, workshops or activities using the method required by L9. 13.3 L9 may refuse, cancel or amend a booking where reasonably necessary, including for safety, capacity, staffing, programming, operational, payment or conduct reasons. 13.4 L9 may refuse entry to a class, event or activity if you arrive late and L9 reasonably believes entry would disrupt the class or create a safety risk. 13.5 L9 may apply no show fees, late cancellation fees or booking restrictions if stated in your product terms, the L9 App, the booking page, or other written notice provided by L9. **14. Cooling Off** 14.1 A cooling off period applies to memberships only. It does not apply to access passes, class passes, casual classes, workshops, events or any other one-off purchase. 14.2 The length of the cooling off period is set by the state in which the studio you joined operates: 14.2.1 Queensland: 48 hours from the time you enter into the membership. 14.2.2 Western Australia: 7 days from the day you enter into the membership. 14.2.3 All other states and territories: the period set out in your membership contract terms, or in any voluntary industry code L9 has adopted for that state. Where neither sets a period, no separate cooling off period applies and your rights under the Australian Consumer Law are unaffected. 14.3 To cancel during the cooling off period, notify L9 in writing or through the L9 App. 14.4 If you cancel during the cooling off period, L9 may still charge you for any classes, services, benefits, payment fees, administration fees or other amounts that your membership terms say are payable during the cooling off period, where permitted by law. 14.5 These cooling off rights are in addition to any rights you may have under the Australian Consumer Law. **15. Cancellation by You** 15.1 Your cancellation rights are set out in your product terms. 15.2 Unless your product terms say otherwise, cancellation requires 30 days written notice. 15.3 Cancellation notice must be submitted through the L9 App or in writing to L9. 15.4 Fees remain payable during the cancellation notice period. 15.5 If your product has a minimum term, you remain responsible for amounts payable during the minimum term unless L9 agrees otherwise in writing or the law requires otherwise. 15.6 Amounts already paid are not refundable because you change your mind, stop attending, move away, do not use your membership or pass, or no longer want the product, unless L9 agrees otherwise in writing or the law requires otherwise. **16. Cancellation by L9** 16.1 L9 may cancel, suspend or terminate your membership, pass, booking, account or access immediately if you fail to pay amounts due, breach these Terms, breach the Liability Waiver and Injury Risk Acknowledgement, breach your product terms, behave in a way that is unsafe, threatening, harassing, abusive, discriminatory, offensive, reckless, unlawful or seriously inappropriate, damage, misuse or steal L9 property, use, possess, supply or distribute illegal drugs or performance enhancing drugs on L9 premises, solicit clients, conduct unauthorised coaching, run commercial services, use L9 premises for business purposes without written approval, or if L9 reasonably believes your participation may create a safety risk. 16.2 If L9 cancels, suspends or terminates your product because of your serious breach, L9 is not required to refund amounts already paid unless the law requires otherwise. 16.3 Cancellation, suspension or termination does not remove your responsibility to pay amounts already due or amounts payable during a minimum term. **17. Suspension** 17.1 L9 may suspend your membership, pass, booking, account, benefits or access if amounts are overdue, your payment method fails, you breach these Terms, L9 reasonably believes there is a safety risk, or L9 reasonably needs to investigate a payment, safety, conduct or account issue. 17.2 During a suspension, you may not be able to book or attend classes, access facilities, use member benefits or participate in L9 activities. 17.3 Suspension does not remove amounts already owing or amounts payable during a minimum term unless L9 agrees otherwise in writing or the law requires otherwise. **18. Refunds** 18.1 Any refunds are handled in accordance with your product terms and Australian law. 18.2 L9 is not required to provide a refund simply because you change your mind, stop attending, move away, do not use your membership or pass, or no longer want the product. 18.3 Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified. **19. Pauses** 19.1 Pause rights are set out in your product terms. 19.2 Unless your product terms say otherwise, a membership pause is not automatically available. 19.3 If pauses are available, you must request the pause through the L9 App or in writing. 19.4 If L9 approves a pause, your access to classes, bookings, facilities and member benefits may be suspended during the pause period. 19.5 A pause does not remove amounts already owing. 19.6 A pause or freeze does not reduce the number of payments due during a minimum term unless your product terms expressly state otherwise. 19.7 Unused pause days do not convert to credit, cash, extra access or any other benefit unless L9 agrees otherwise in writing. **20. Transfers** 20.1 Memberships, passes, bookings, credits and benefits are personal to you. 20.2 You must not transfer, sell, share or assign them to another person unless L9 agrees in writing. **21. Code of Conduct** 21.1 You must treat all people at L9 with respect and follow the reasonable directions of L9 coaches, instructors, staff and representatives. 21.2 You must use L9 equipment and facilities safely and properly, clean up after yourself, wipe down mats and equipment after use, and return equipment, tools and apparatus after use. 21.3 You must not behave in a way that is unsafe, threatening, harassing, abusive, discriminatory, offensive, reckless, unlawful, lewd, disruptive or inappropriate. 21.4 L9 may remove any person from a class, activity, event, facility or premises without refund if their behaviour is inappropriate, unsafe or in breach of these Terms. **22. Facility Rules** 22.1 No drugs or alcohol are permitted on L9 premises. 22.2 No animals are permitted on L9 premises, except legally permitted assistance animals. 22.3 No children are permitted on L9 premises unless L9 has expressly agreed otherwise in writing. 22.4 Only approved L9 coaches, instructors and staff may conduct coaching, training, classes, workshops or client sessions on L9 premises. 22.5 You must not solicit, sell, promote or provide personal training, coaching, classes, services or competing services on L9 premises without L9’s written approval. 22.6 If you use L9 premises for unauthorised commercial purposes, L9 may charge you $500 per day as a reasonable usage fee, without limiting any other rights L9 may have. **23. Photos, Video and Recordings** 23.1 Photo and video cameras may be in use at L9 premises for security, safety and operational purposes. 23.2 L9 staff, coaches, instructors and contractors may take photos, videos, audio recordings, livestreams or other recordings at L9 premises and during L9 activities. 23.3 Members, participants and visitors may take photos or videos for personal use or social media, provided they do so respectfully, safely and lawfully. 23.4 By attending L9 premises or participating in L9 activities, you acknowledge that you may appear in photos, videos, recordings, livestreams, social media content, marketing content or other digital material. 23.5 Where L9 captures photo, video or audio content of you, you grant L9 a royalty free, worldwide, perpetual and irrevocable licence to use, reproduce, edit, publish, distribute, display, broadcast and otherwise use that content for L9 business, marketing, promotional, educational, training, internal and commercial purposes. 23.6 To the maximum extent permitted by law, you release L9 from claims connected with the capture, use, editing, production, publication, distribution or broadcast of that content. 23.7 If you do not want to be intentionally filmed or photographed for marketing purposes, you must notify L9 in writing before attending. L9 will take reasonable steps to respect that request where practical, but cannot guarantee that you will not appear incidentally in background footage or security footage. **24. Personal Property** 24.1 You are responsible for your own personal property. 24.2 L9 is not responsible for lost, stolen or damaged personal property, except where the law requires otherwise. **25. Health, Safety and Hygiene** 25.1 You must not attend L9 if you are unwell, infectious, intoxicated, impaired, injured in a way that makes participation unsafe, or otherwise unable to participate safely. 25.2 L9 may refuse entry or participation if L9 reasonably believes you may create a health or safety risk. **26. Changes to Terms** 26.1 L9 may update these General Terms and Conditions from time to time. 26.2 If a change materially affects an active recurring product you have purchased, L9 will take reasonable steps to notify you. 26.3 If you do not accept a material change, you may cancel the affected product before the change takes effect. 26.4 Your continued use of L9 products, services, classes, facilities or premises after the change takes effect means you accept the updated Terms. **27. Force Majeure** 27.1 L9 is not liable for delay, interruption, closure, cancellation, reduced availability or failure to provide services caused by events outside L9’s reasonable control. 27.2 This may include natural disasters, extreme weather, fire, flood, pandemic, epidemic, public health orders, government restrictions, power failure, internet failure, equipment failure, landlord issues, building damage, strikes, staffing shortages, supplier failure, war, terrorism, civil unrest or other events beyond L9’s reasonable control. 27.3 Where practical, L9 may offer reasonable alternatives, extensions, credits, online services, timetable changes or other adjustments at its discretion. **28. Limitation of Liability** 28.1 To the maximum extent permitted by law, L9 is not liable for indirect, consequential, special or economic loss, including loss of opportunity, loss of enjoyment, loss of profits or loss of data. 28.2 Nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or protections that cannot be excluded, restricted or modified under Australian law. **29. Privacy** 29.1 L9 may collect, use and store your personal information to provide services, manage accounts, process payments, communicate with you, operate the business, improve services, comply with law, manage safety and conduct marketing. 29.2 L9 may use third party systems and service providers to operate its business, including booking, payment, communication, marketing, analytics and customer management systems. **30. Notices** 30.1 L9 may send notices to you by email, SMS, in app message, account notification or other contact details you have provided. 30.2 You are responsible for keeping your contact details up to date. 30.3 A notice sent to your last provided contact details is treated as received unless L9 receives a delivery failure notice. **31. Governing Law** 31.1 These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and the courts competent to hear appeals from those courts. **32. Severability** 32.1 If any part of these Terms is invalid, unenforceable or unlawful, that part is read down or removed to the extent required. 32.2 The rest of the Terms continue to apply. **33. Entire Agreement** 33.1 Your agreement with L9 consists of your product terms, the L9 Liability Waiver and Injury Risk Acknowledgement, these L9 General Terms and Conditions, and any other written terms expressly accepted by you for a specific L9 product, service, event, workshop or activity. 33.2 No other statement, representation, conversation, marketing material or informal communication changes your agreement with L9 unless L9 agrees in writing.