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PumpPtyLtd(Pump)operatesalargefitnessandhealthcomplexinSydney. The facilities include a pool and gymnasium. It also offers aerobics, swimming and yoga classes. Frank wants to join Pump and discusses membership plans

PumpPtyLtd(Pump)operatesalargefitnessandhealthcomplexinSydney. The facilities include a pool and gymnasium. It also offers aerobics, swimming and yoga classes.

Frank wants to join Pump and discusses membership plans with a staff member, who recommends a 24-month plan. The staff member explains that it is possible to terminate the contract earlier, without penalty, provided thata member gives one month's written notice.

On 1 February 2020, Frank signs a brief 'Standard Membership Form' withoutreading it. Asidefrom details about Frank's name and address and date of birth, together with the date 1 February 2020 and Pump's details, it has thefollowing four terms.

(i)SERVICES. Pump agrees to grant the Member access to its fitness and health complex and to provide group fitness classes per the schedule on the website.

(ii)TERMS AND FEES. This Plan is for 24 months. The member shall pay the Monthly Fee ($100) on the first day of each month.

(iii) USE OF SERVICES. No credit or refund is provided for Services not used.

(iv) NO OTHER TERMS. Pump makes no representations and there are no implied terms about the suitability of the Services or the Plan for any member.

Frank starts using the services daily until just after Easter 2020 when he is told by his firm that he is being transferred to the Perth office for 18 months from 1 June 2020. On 1 May Frank advises Pump in writing of his intention to terminate the contract.

Advise Pump

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