1. AGREEMENT & ACCEPTANCE
1.1 These Terms & Conditions (these “Terms”) form a binding contract between you (the “Member”, “you”, “your”) and Shield Healthcare Pty Ltd (ABN 43 687 482 211) (“Shield Healthcare”, “we”, “us”, “our”).
1.2 By signing a Membership Agreement, registering to use our Services, or accessing any exercise clinic, health program, telehealth service, or related facility, you confirm that you have read, understood, and accepted these Terms.
1.3 We may amend these Terms from time to time. The version posted on our website (or otherwise notified to you) shall prevail from its effective date. Continued use of our Services constitutes your acceptance of the updated Terms.
2. DEFINITIONS & INTERPRETATION
In these Terms, unless the context otherwise requires:
“Exercise Clinic”: a facility operated by Shield Healthcare providing exercise equipment for use, exercises, fitness, rehabilitation, recovery or health classes.
“Training facility”: a facility operated by Shield Healthcare providing exercise equipment for use, exercises, fitness, rehabilitation, recovery or health classes.
“Membership Agreement”: the specific contractual document you sign or accept, setting out your membership type, fees, minimum term, and special conditions.
“Minimum Term”: the initial contracted period during which you commit to membership.
“Periodic Membership”: a membership with no fixed end date, subject to termination in accordance with these Terms.
“Fixed Term / Upfront Membership”: a membership for a defined period, possibly paid upfront.
“Third-Party Payment Provider”: any entity we engage (e.g. for direct debit processing) to collect payments on our behalf.
“Free Time / Promotional Period/ Trial period”: a period in which you receive benefits without paying regular fees (subject to conditions).
“Outside Provider”: a third party (contractor, tenant, affiliate) offering services such as Physiotherapy, Exercise Physiology, Therapy Assistance,
Psychology, Dietetics, Occupational Therapy, Podiatry,
Radiography, Chiropractics and Personal Training, or telehealth within our premises or under our network.
“Facilities & Services”: includes access to exercise clinic premises, equipment, classes, health programs, allied health, telehealth, and associated amenities.
“Closure Period”: a period during which one or more facilities are closed (e.g. refurbishment, government order).
“Remote Supervision”: means monitoring, supervision, oversight, or professional review provided without the supervisor being physically present on site, and does not require continuous or real-time monitoring.
Remote supervision may be delivered:
Asynchronously, with a delay or time lag between an activity occurring and the supervisor reviewing, assessing, or responding to it; and/or
Synchronously, where real-time communication is used if required.
Remote supervision may include, but is not limited to:
Post-activity review of records, notes, footage, programs, or data
Scheduled or ad-hoc or delayed communication by phone, video, messaging, or electronic systems
Periodic audits, reviews, or check-ins conducted after the relevant activity has occurred
Members acknowledge and agree that:
During unstaffed or partially staffed hours, no staff member or practitioner may be on site
Any supervision provided during these times may be asynchronous, and responses may not be immediate
Remote Supervision is not a substitute for emergency services and does not guarantee immediate assistance
The existence of a time delay between an activity and supervisory review does not invalidate the supervision, provided appropriate systems, policies, and escalation procedures are in place.
Interpretation rules: headings are for convenience, singular includes plural and vice versa, and references to legislation include amendments.
3. MEMBERSHIP TYPES, AVAILABILITY & FEATURES
3.1 We may offer multiple membership types (e.g. “Home Exercies”, “Exercise Clinic”, “Beginner”, concession, corporate) with differing entitlements, access times, and prices. Not all options are available at every location.
3.2 Your specific entitlements, restrictions, and fees will be set out in your Membership Agreement and any annexures or special conditions published by us.
3.3 If your membership includes Free Time or promotional periods, those periods may or may not count toward your Minimum Term; the precise treatment will be specified in your Membership Agreement.
3.4 You may be eligible for a cooling-off period (see Clause 9).
3.5 Where your membership is subsidised or discounted (e.g. via corporate partnership), if that arrangement ends, we may convert your membership to a standard rate for the remainder of the term, with notice.
3.6 Membership inclusions:
Initial physiotherapy assessment (in-person or telehealth)
Individualised exercise prescription
Ongoing clinical monitoring of symptoms and function
Asynchronous clinical review of submitted updates (video, message or data)
Modification of rehabilitation program as clinically indicated
Clinical advice relating to injury, pain, mobility and functional progression
Documentation and maintenance of clinical records
Escalation to synchronous consultation if clinically required
3.7 The Memberships provide ongoing physiotherapy treatment delivered by a registered physiotherapist in accordance with Australian professional standards. Services include clinical assessment, exercise prescription, monitoring, review and modification of treatment plans as clinically required.
Asynchronous communication forms part of the treatment model and is used to monitor patient progress, review symptoms, adjust programs and provide clinical advice. All services are delivered as individualised physiotherapy treatment and are not general wellness or fitness services. All fitness/ wellness advice is designed to form part of a thorough and holistic approach to patients recovery and prevention of injury and illness.
4. HEALTH, RISK & SAFETY
4.1 You declare that you are physically and medically able to participate in the activities, programs, and services you undertake. Participation is at your own risk.
4.2 You must disclose any medical conditions, injuries, or limitations that could affect your safe participation. We may require a medical certificate or clearance before you commence or resume activities.
4.3 We reserve the right to refuse or suspend your participation in any class, program, or use of equipment if we reasonably believe it poses a risk to you or others.
4.4 You must comply with all directions, signage, staff instructions, health screening, safety protocols, and policies while on site or using our services (including telehealth settings and remote communications).
4.5 You acknowledge that certain services (exercise, rehabilitation, remote supervision programs, telehealth) carry inherent risks. To the extent permitted by law, we exclude liability for injury, illness, or death arising from your use of the Services, except for non-excludable liability under Australian Consumer Law.
5. CONDITIONS OF ENTRY & MEMBER CONDUCT
5.1 You must swipe your membership card, access pass, or approved identification each time you visit an exercise clinic. Access may be denied in its absence.
5.2 Your access credentials remain our property and cannot be transferred or used by another person.
5.3 Lost or stolen membership cards, key tags, or access devices must be reported immediately; replacement may incur a fee.
5.4 You must scan or register attendance at every visit for safety, security, and insurance purposes.
5.5 Entry may be refused, or you may be required to leave, if you:
(a) behave in an abusive, discriminatory or threatening manner;
(b) are under the influence of alcohol, drugs or prohibited substances;
(c) contravene staff direction or posted rules;
(d) permit unauthorised persons to gain entry (“tailgating”);
(e) carry or use prohibited items;
(f) act in a manner that endangers others or property.
5.6 A tailgate violation may incur penalties (e.g. $100 fee) and repeated breaches may result in membership suspension or termination.
5.7 Smoking, vaping, e-cigarettes, and alcohol are strictly prohibited within all premises.
5.8 If the exercise clinic includes wet zones (pool, spa, sauna), you must comply with posted safety rules (no diving, no running, no access in unstaffed hours unless otherwise permitted), and use such areas at your own risk.
5.9 You must wear suitable attire (including enclosed shoes for exercise areas), avoid clothing with offensive images or advertising, and maintain hygiene standards (e.g. using towels).
5.10 Members may use cameras, mobile devices or other recording equipment only for communication and program-related purposes within Shield Healthcare premises, provided such use complies with all applicable Australian privacy, surveillance and consent laws, including the Surveillance Devices Act 2007 (NSW) and the Privacy Act 1988 (Cth).
(a) Filming or photography must not intentionally or inadvertently capture identifiable images, video or audio of other Members, clients, or staff without their express consent.
(b) Recording is strictly prohibited in private or sensitive areas, including change rooms, bathrooms, and consultation rooms.
(c) Shield Healthcare reserves the right to request deletion of any unauthorised recordings, to require cessation of filming immediately, and to suspend or terminate membership for any breach of this clause.
(d) By entering the premises, Members acknowledge that Shield Healthcare may also operate CCTV surveillance for safety and security purposes, in compliance with relevant laws.
(e) By entering our premises, you acknowledge that you may be inadvertantly captured in another members or staff members video or audio file. These video and audio files will be stored correctly.
(f) Where Shield Healthcare records or stores audio, video, or image material (for example, CCTV footage or recorded telehealth sessions or communications from other members), such material will be retained securely and managed in compliance with the Privacy Act 1988 (Cth), the Health Records and Information Privacy Act 2002 (NSW), and any other applicable privacy legislation or professional confidentiality standards.
5.11 Parking on premises is at your own risk. We are not liable for damage or theft to vehicles or contents to the extent permitted by law.
6. USE AND MAINTENANCE OF EQUIPMENT
6.1 You must use all equipment only in accordance with its intended purpose and operational instructions.
6.2 After use, you must return equipment (weights, bars, mats, attachments) to its designated location.
6.3 If you are uncertain how to use equipment safely, you should request assistance from staff or a qualified practitioner.
6.4 In specialty zones (functional training, free-weight areas), you agree to use reasonable care not to endanger others.
6.5 Use of towels and hygiene protocols is mandatory; failure to comply may lead to removal from the area.
7. LOCKERS, PERSONAL PROPERTY & LOST ITEMS
7.1 Lockers are provided for convenience but are not secure storage. We are not liable for loss, theft or damage to personal belongings (except to the extent non-excludable under law).
7.2 Loss or damage of locker keys/cards may incur replacement costs.
7.3 Items left in lockers overnight may be cleared. Unclaimed items (or items handed in) may be held for a set holding period (e.g. two weeks) and then donated or disposed.
7.4 Bags or loose items must not be placed on exercise floors for safety reasons.
8. FEES, PAYMENT & PRICE ADJUSTMENTS
8.1 You agree to pay all Fees in accordance with your Membership Agreement (including Joining Fees, periodic payments, service charges, freeze charges, cancellation fees, etc.).
8.2 We may utilise a Third-Party Payment Provider to process direct debit, credit card or other transactions. Your contractual relationship with such provider is separate but accepted as part of these Terms.
8.3 If your payment is declined or reversed, we may charge administrative or late fees, retry the debit, suspend access, and ultimately refuse entry until balances are cleared.
8.4 All Fees are inclusive of GST unless otherwise stated.
8.5 We reserve the right to increase membership fees or service charges (e.g. freeze fee) annually (or at other intervals) provided we give you at least 30 days’ notice, except for immaterial changes or beneficial adjustments which may be applied immediately.
8.6 If your membership was obtained at a discounted or subsidised rate (e.g. via a corporate partner) and that subsidy ceases, we may convert your membership to a full-rate plan with appropriate notice.
9. COOLING-OFF, CANCELLATION, TERMINATION & SUSPENSION
9.1 Cooling-Off Period
You have seven (7) business days from the date you enter into your Membership Agreement to cancel. To exercise this right, you must notify us in writing. You will receive a refund of fees paid, less any reasonable administrative costs and the return of any access cards or devices.
9.2 Early Termination / Cancellation Before Expiry of Minimum Term
You may request early termination in the following circumstances:
(a) Permanent illness, injury or incapacity (supported by a qualified medical certificate).
(b) Relocation more than 30 km from any Shield Healthcare clinic.
(c) Bankruptcy or serious financial hardship (with supporting documentation).
In such cases, you may need to pay all instalments up to termination, plus a cancellation fee as specified in your Membership Agreement.
9.3 Termination / Cancellation After Minimum Term
Once the Minimum Term has expired (or if your membership is periodic), you may terminate by providing at least 30 days’ written notice (or 14 days where applicable in certain states). You remain liable for any fees due during the notice period.
9.4 Suspension / Freezing of Membership
You may request a temporary freeze of your membership (typically minimum 2 weeks, maximum 4 weeks per calendar year, or as otherwise permitted). Freeze applications must be made in advance and all outstanding fees must be current. Freeze periods generally do not count toward your Minimum Term, and a freeze fee may apply (unless waived by your plan).
9.5 Club Closure / Mandatory Suspension
If a clinic is forced to close (government order, refurbishment, health emergency, etc.), membership access will be suspended for the Closure Period. You may request cancellation, but standard termination rules apply unless otherwise required by law. Freeze of membership during closure does not typically count toward your Minimum Term.
9.6 Termination by Us
We may terminate your membership immediately (or after notice) if you:
(a) Breach these Terms or your Membership Agreement and fail to remedy the breach (if curable) within 14 days of notice.
(b) Engage in behaviour endangering others or damaging property.
(c) Fail to pay Fees.
(d) Gain entry via unauthorised means or allow tailgating.
Upon termination by us, we may refund any unused portion of upfront memberships (less costs or cancellation fees) as required by law.
9.7 Effect of Termination
Upon termination, your membership ceases. All unpaid fees become due immediately. We may pursue debt recovery. You remain bound by applicable post-termination provisions (liability, indemnity, privacy, etc.).
10. OVERDUE ACCOUNTS, DEBT RECOVERY & SUSPENSION OF ACCESS
10.1 If you fail to pay Fees, we may suspend or revoke your access to Services until arrears are cleared.
10.2 We may retry failed payments within your membership term, charge late or dishonour fees, and refuse access if not remedied.
10.3 Unpaid debts may be referred to third-party debt recovery agents. You authorise us to notify them and to disclose your contact details as needed for recovery, subject always to privacy laws.
11. ADDITIONAL SERVICE TERMS: HEALTH PROGRAMS, PHYSIOTHERAPY & TELEHEALTH
11.1 Provision
We may offer health programs (e.g. wellness, fitness challenges), physiotherapy, rehabilitation, exercise prescription, and telehealth consultations, not limited to the above professions, either directly or via Outside Providers.
11.2 Separate Contracts / Payments
Services offered by Outside Providers are separate contracts between you and that provider. Shield Healthcare is not liable for their acts, omissions, or refund obligations except as required by law.
11.3 Medical Disclosure & Compliance
You must supply accurate health history, medications, previous injuries, and other relevant health information prior to any assessment or telehealth consultation.
11.4 Telehealth Limitations
Our telehealth services may depend on third-party technology (video platforms, internet). While we take care to maintain confidentiality and security, you acknowledge limitations and risk.
11.5 Liability & Outcomes
We disclaim liability (to the fullest extent permitted by law) for adverse outcomes arising from incomplete disclosure, misapplication of exercise programs, or unsuitable telehealth environments.
11.6 Internal Coordination
Where you use both exercise and physiotherapy services, Shield Healthcare may share relevant clinical information (with your consent) to optimise care continuity, in compliance with privacy law.
12. CORPORATE PARTNERS, DISCOUNTS & SPECIAL CONDITIONS
12.1 If you hold a membership discount or subsidy via a corporate or partnership arrangement, you acknowledge that if the arrangement ends, your membership may revert to standard rates, subject to notice.
12.2 Memberships including special features (e.g. “Free Time”, bonus services, coaching sessions) will have additional terms which are incorporated into this Agreement by reference (published online or attached as annexures).
12.3 Renewal of Upfront / Fixed Term Memberships incurs acceptance of the then-current terms, which may differ from your original agreement.
13. MINORS & AGE RESTRICTIONS
13.1 Minors (under 18 years) may be eligible for membership with parental or guardian consent, subject to age-based access restrictions, compliance obligations, and supervision requirements.
13.2 Age policies (e.g. 14–15 years, 16–17 years) define specific permitted activities, required accompaniment, and prohibited access (especially in unstaffed hours).
13.3 Minors must exit premises at the end of staffed hours unless otherwise authorised, and must abide by all safety, conduct, and supervision rules.
14. 24/7 ACCESS, INDUCTION & CCTV
14.1 24/7 Access
If your membership includes unstaffed-hour access, you must complete a safety induction before use (in person or remotely). You may not permit another person into the premises during unstaffed hours. Unauthorized access or misuse of emergency systems may incur penalties or loss of 24/7 privileges.
14.2 CCTV & Monitoring
Premises are monitored by CCTV for safety, security, remote supervision purposes and misconduct prevention. By accessing, you consent to being recorded and for your image to be stored and used in accordance with our Privacy Policy.
14.3 Access Compliance
You must abide by all safety signage, instructions, and access controls. Use of restricted zones, cameras, or entry outside permitted hours may result in penalties or termination.
15. BOOKINGS, NO-SHOWS & CLASS MANAGEMENT
15.1 Certain group classes, workshops or sessions require advance booking (often via website, app or on-site), generally up to seven days ahead (or as specified).
15.2 You may cancel a booking up to a specified time (e.g. 12 hours before). Failure to cancel (a “no-show”) may incur a fee (e.g. the full cost of the class) or loss of booking privileges.
15.3 Entry after class commencement may be refused. Missed sessions are not refundable unless otherwise stated.
15.4 The maximum number of active bookings at any time may be capped (e.g. 3 bookings) per membership or location.
16. LIABILITY, LIMITATION & CONSUMER GUARANTEES
16.1 Exclusion of Liability
To the fullest extent permitted by law, Shield Healthcare excludes liability for personal injury, death, loss, damages, or consequential losses arising from your use of Services, premises or equipment.
16.2 Consumer Law Rights
Nothing in these Terms is intended to exclude, restrict or modify any non-excludable rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). Such guarantees will apply where relevant.
16.3 Third-Party Liability
Where services are provided by Outside Providers, liability lies with the provider, not Shield Healthcare (except as required by law). You release Shield Healthcare from claims arising from such providers to the extent lawful.
16.4 Personal Property
We are not liable for damage or loss to personal items brought onto premises (including vehicles). Lockers are not secure vaults.
17. INDEMNITY
You indemnify Shield Healthcare (and its directors, employees, agents) from and against all claims, demands, losses, damages, costs (including legal costs) arising from:
(a) your breach of these Terms;
(b) your negligent, reckless or unlawful act;
(c) misuse of equipment;
(d) injury or damage arising from your participation in Services.
18. INTELLECTUAL PROPERTY
18.1 All intellectual property (programs, branding, materials, digital content) is owned or licensed by Shield Healthcare.
18.2 You may not reproduce, distribute, modify or commercialise such content without our prior written consent.
19. ASSIGNMENT & SUBCONTRACTING
19.1 We may assign or novate our rights and obligations under these Terms to a third party (e.g. successor entity), subject to notice to you (e.g. 30 days).
19.2 We may subcontract any part of our operations (maintenance, cleaning, tech) but remain responsible for ensuring compliance with these Terms.
20. ENTIRE AGREEMENT & SEVERABILITY
20.1 These Terms, your Membership Agreement, and any annexures or special conditions constitute the complete agreement between you and Shield Healthcare, superseding all previous understandings or agreements (written or oral).
20.2 If any provision of these Terms is invalid or unenforceable, it shall be severed, and the remainder shall continue in full force and effect.
20.3 A waiver by us of any breach of these Terms does not constitute a waiver of any other breach.
21. NOTICE & COMMUNICATION
21.1 We may notify you of changes (fee adjustments, term amendments, clinic closures) by email, post, website publication, in-clinic notice or phone.
21.2 It is your responsibility to keep your contact and billing details up to date by notifying us in writing.
22. GOVERNING LAW & JURISDICTION
22.1 These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia.
22.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
23. GST AND NATURE OF SERVICES
23.1. Nature of Services Supplied
All services provided under this Membership are delivered as part of a structured, clinician-led physiotherapy treatment program.
The Membership is not a gym membership, fitness subscription, wellness program, or general exercise access product.
Services are provided for the purpose of assessment, treatment, rehabilitation, risk management and/or prevention of injury, dysfunction or deterioration, as determined by a registered physiotherapist in accordance with professional standards.
23.2. CLINICAL OVERSIGHT AND PRACTITIONER RESPONSIBILITIES
All Members must undergo an initial physiotherapy assessment prior to commencement of the Membership program.
The treating physiotherapist:
Conducts clinical assessment
Establishes treatment goals
Develops and documents an individualised treatment plan
Determines clinical parameters for exercise prescription
Reviews and approves material changes to exercise programming
Maintains clinical oversight throughout the Membership period
Where exercise physiologists or other allied health practitioners are involved, they do so under the clinical governance and direction of the treating physiotherapist.
The physiotherapist retains ultimate clinical responsibility for treatment decisions.
23.3 PRACTITIONER SCOPE OF PRACTICE
Shield Healthcare practitioners and associated practitioners provide advice, treatment, and guidance within the scope of their professional qualifications, registration, training, and clinical competence.
From time to time, patients or members may ask practitioners questions that extend beyond the practitioner’s professional scope of practice or specific area of expertise.
You acknowledge and agree that:
Any information provided in response to such questions may be general in nature and should not be relied upon as specialised professional advice
Practitioners may provide informal guidance based on their general knowledge or experience where appropriate
Where a matter falls outside a practitioner’s professional scope, you may be advised to seek guidance from an appropriately qualified professional
To the maximum extent permitted by law, Holistic Physio Fitness will not be liable for any loss, injury, or damage arising from reliance on information provided in response to questions that fall outside the practitioner’s professional scope of practice.
Nothing in this clause excludes rights that cannot be excluded under Australian Consumer Law.
23.4. Preventative and Risk Management Services
Where services are provided for preventative purposes, such services are based on individual clinical assessment and identified risk factors.
Preventative interventions are implemented where clinically indicated to manage documented impairments, risk profiles, occupational demands, lifestyle factors or other health considerations identified during assessment.
Such services form part of physiotherapy treatment as generally accepted within the profession.
24. GST TREATMENT
Where services supplied under the Membership constitute physiotherapy treatment within the meaning of applicable taxation legislation, those services are treated as GST-free health services.
If any component of the Membership is determined to be a taxable supply under Australian taxation law, the Company reserves the right to:
Apportion fees accordingly; and
Apply GST where required by law.
Nothing in this agreement constitutes a representation that all services will be GST-free in all circumstances.
Members are responsible for seeking independent tax advice if required.
25. PRIVATE HEALTH INSURANCE CLAIMS
Members acknowledge that eligibility for private health insurance rebates is determined by the individual’s insurer and policy terms.
The Company does not guarantee rebate eligibility.
Invoices will reflect the clinical services provided.
LOCATION SPECIFIC:
Mona Vale Location –
Outdoor Areas and Supervision
At the Mona Vale location, certain outdoor and semi-outdoor areas form part of the broader premises.
You acknowledge and agree that:
Only areas within the designated fenced zone are regularly monitored and supervised by Shield Healthcare staff
Areas outside the fenced zone, including but not limited to:
The upper balcony areas
Areas beyond the sled track (outside)
Any surrounding or adjoining outdoor spaces
are not continuously monitored or supervised
Entry into these areas is undertaken at your own risk.
To the maximum extent permitted by law:
Shield Healthcare accepts no liability for injury, loss, or damage arising from unsupervised use of these areas
You are responsible for exercising reasonable care and judgment if entering these areas
For safety reasons, we strongly recommend that patients and members do not enter areas beyond the fenced and supervised zones unless directly supervised by a practitioner or authorised staff member.
Exercise Program Requirements:
Shield Healthcare operates the Mona Vale facility as a healthcare-based exercise clinic, where exercise programs are prescribed and monitored by qualified health professionals.
To maintain patient safety and clinical standards, members and patients must only perform exercises that have been prescribed or approved by an associated health professional, including Physiotherapists, Exercise Physiologists, or other authorised therapists.
Accordingly:
Members must not perform exercises, movements, or training activities that have not been prescribed, instructed, or approved by a practitioner.
Exercise programs are individualised and based on each patient’s specifica needs.
Performing unapproved exercises is not allowed at this facility, and may increase the risk of injury and may interfere with clinical treatment plans.
Shield Healthcare reserves the right to:
Instruct a member or patient to cease performing an exercise that has not been prescribed or approved
Modify, restrict, or suspend facility access if a member repeatedly performs exercises outside their prescribed program
Implement these measures in order to maintain clinical safety and appropriate healthcare standards
By using the Mona Vale facility, you acknowledge and agree to comply with these exercise program requirements.
This clause does not exclude any rights you may have under Australian Consumer Law that cannot be lawfully excluded.
Unstaffed or Limited Supervision Periods:
At certain times the Mona Vale facility may operate with limited staff presence or without on-site supervision.
By entering and using the facility during these times you acknowledge that:
You may be exercising without direct practitioner supervision
You are responsible for following your prescribed program and using equipment safely
You must not attempt exercises that have not been approved by your practitioner
Shield Healthcare recommends that patients only attend during these times if they are confident and familiar with their prescribed exercise program, and if they are not, to contact your practitioner through the communication pathways provided, to seek clarification on how to properly perform such exercises.
Equipment Use:
All exercise equipment within the Mona Vale facility is intended to be used only as part of a prescribed or approved exercise program.
Members and patients agree that:
Equipment must only be used for its intended purpose
Equipment must be used in accordance with practitioner instructions
Any damaged, malfunctioning, or unsafe equipment must be reported to staff as soon as reasonably possible
Shield Healthcare may restrict access to equipment where it is considered clinically inappropriate or unsafe for a particular patient or member.