1 Ryzer Ltd (Ryzer) operates a large fitness and health complex in Melbourne. The facilities include a pool and gymnasium. It also offers aerobics,...

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1 Ryzer Ltd (Ryzer) operates a large fitness and health complex in Melbourne. The facilities include a pool and gymnasium. It also offers aerobics, swmming and yoga classes.David wants to join Ryzer 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 a member gives one month's written notice.On 1 February 2017, David signs a brief 'Standard Membership Form' without reading it.Aside from details about David's name and address and date of birth, together with the date 1February 2017 and Ryzer's details, it has the following four terms.1. SERVICES. Ryzer agrees to grant the Member access to its fitness and health complex and to provide group fitness classes per the schedule on the website.2. TERMS AND FEES. This Plan is for 24 months. The member shall pay the Monthly Fee ($100) on the first day of each month.3. USE OF SERVICES. No credit or refund is provided for Services not used.4. NO OTHER TERMS. David makes no representations and there are no implied terms about the suitability of the Services or the Plan for any member.David starts using the services daily until just after Easter 2017 when he is told by his firm that he is being transferred to the Perth office for 18 months from 1 June 2017. On 1 May David advises Ryzer in writing of his intention to terminate the contract.ADVISE RYZER2 Chery and Ryn love yoga and take the 2-hour yoga class at Ryzer once a week. On this day they are running late for their class and rush to the counter. Behind the counter is a sign entitled 'RULES FOR USE OF FACILITIES'. There are various points listed below this heading such as'As a courtesy to other members, please wipe down equipment after use', and'Anyone failing to show Respect to the staff may be asked to leave the premises'.The last point on the Rules states'Customers use all services at own risk. We cannot accept responsibility for any injuries whatsoever.'The staff member at the counter greets Chery and Ryn warmly, having dealt with them since the start of the year."$30 for two hours?" he asks. They nod in reply.He hands them each a blue plastic disc, saying 'You're late. Take these and you can pay afterwards.' The disc is 15 cm in diameter and the side facing upwards when they take the disc says, 'YOGA. Single Admission. See conditions on reverse.'On the other side of the disc are the same words as on the 'RULES FOR USE OF FACILITIES', with an additional sentence 'Pump acts on behalf of its employees and contractors for the purposes of this agreement.'Neither Chery nor Ryn has ever read the writing on that side of the disc.They arrive in the class and hand the discs to Zoey, an instructor employed by Yoga Bods Pty Ltd. Zoey and Chery are old enemies. About 90 minutes into the class, Zoey decides to show the class an advanced posture called 'The Dothraki Stretch;. She selects Chery to demonstrate the posture, arranging Chery into the right position. Zoey then pulls on Chery's legs as hard as she can. There is an audible snap and Chery collapses in agony. Zoey immediately ends the class.Ryn is irritated by the disruption and refuses to pay for the class. Chery is taken to hospital for medical treatment.ADVISE RYZER AND ZOEY.Please focus on Construction, exclusion clauses, Terms and Discharge by performance and agreement. Also contracts(agreement, consideration, certainty etc.)

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1 Ryzer Ltd (Ryzer) operates a large fitness and health complex in Melbourne. The facilities include a pool and gymnasium. It also offers aerobics,...

  • Written in: 17-Oct-2019
  • Paper ID: 5964766
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