BY SIGNING THIS DOCUMENT YOU AGREE TO THE FOLLOWING CONDITIONS AND WAIVE CERTAIN LEGAL RIGHTS:
TO: Combat Fitness Australia Pty Ltd trading as Industrial Strength and Fitness and Hangar 4 MMA (ABN 95 127 128 045) its agents, its employees and its representatives (collectively and individually referred to as ‘ISF’)
In this agreement:
a) FUNCTIONAL HUMAN MOVEMENT and ATHLETIC ACTIVITY (FHMAA) mean recreational activities including but not limited to personal training, fitness classes, martial arts classes, martial arts tournaments, fitness assessments, use of facilities, observation of athletic activities, gymnastics, strength & conditioning, metabolic conditioning, plyometrics, interval training, Muay Thai, Brazilian Jiu Jitsu, yoga, barre, Pilates, bodyweight conditioning, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars, remedial massage, myotherapy, recreational massage, Kettlebell Lifting, rowing, swimming, infrared sauna, swimming pools, and services provided to the participant by ISF.
b) The term “injury” shall refer to all forms of physical, medical, mental and emotional injury in any way related to FHMAA including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety and fears.
c) COOLING OFF PERIOD means 3 days from the date of this Agreement2) GENERAL TERMS
a) You agree to pay your Membership Fees by Direct Debit, or Upfront (in full) by Credit/Debit card or Cash.
b) You may cancel your membership during the “Cooling Off Period” and ISF will refund any upfront payments (pro rata) and any membership fees. ISF will deduct all of the following from the refund: Access Pass Fees; Casual Class or Casual Gym Pass fees for each visit; and personal training fees. Cancellation must be completed in writing by sending an email to email@example.com.
c) ISF supplies ISF Gym; ISF Gym PLUS; Hangar 4 MMA (month-to-month); and Hangar 4 MMA (12-month contract) Membership Types. ISF Gym Membership gives you access to the 24-hour gym only. ISF Gym PLUS Membership gives you access to the 24-hour gym plus all group fitness classes (but NOT martial arts). Hangar 4 Membership is our “full” membership and gives you access to our 24-hour gym, group fitness classes, plus all martial arts classes.
d) Class Passes give you access to classes only; they do not give you access to our 24-hour gym. Casual Class Passes, Casual Gym Passes, and 3 Day Trial (introductory) Passes allow you to use the gym and/or partake in our classes during staffed hours only.
e) Your Membership Agreement has a minimum Initial Commitment Period of 12 months (52 weeks), or 30 days (month-to-month), from your Membership Start Date depending on which contract you have selected.
f) On completion of your Initial Commitment Period your membership will automatically renew for another month (i.e. 30 days) unless your membership is terminated, or you provide us with notice that you wish to cancel your membership when your Initial Commitment Period expires. We must receive this notice at least 7 days prior to the end of your Initial Commitment Period. Each Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.
g) Upon your request, ISF may temporarily suspend your membership, but we must receive your notice at least 7 days prior to the start of the next fortnightly Billing Period. You will not be able to use the Club while your membership is frozen. If you freeze your membership during the Initial Commitment Period, your Initial Commitment Period and the Initial Commitment Period end date set out in your Membership Application will be extended by the duration of your freeze period. Maximum Freeze Period: You may freeze your membership for a maximum period of 3 months (i.e. 90 days).
h) Access Passes for all members are $49 and purchased upon agreeing to these Membership Terms. Your Access Pass gives you access to the gym and fitness areas (not including the martial arts rooms) 24-hours a day. You will be charged a $25 fee if your Access Pass is damaged or lost and requires replacing.
i) You are personally responsible for all Membership Fees due to us for yourself and/or any under-18 persons you are signing these terms on behalf of. Your Membership Fees are payable for the whole of your Initial Commitment Period at the total cost set out at the time of your payment authorisation. Your Membership Fees are due for the whole of each fortnightly billing period even if your membership is terminated during that fortnightly billing period.
j) Your Membership Fees are fixed for the Initial Commitment Period. Upon the expiry of the Initial Commitment Period your Membership Fees will be updated to the Membership Fees then applicable at the Club at that time. This may result in an increase to your Membership Fees after the Initial Commitment Period. We will write to you at the email address you have provided at least 14 days prior to any Membership Fee increase. After the Initial Commitment Period, if you do not wish to accept an increase in your Membership Fees you may terminate your membership by notifying us in writing that you wish to cancel your membership. In this case, your membership will terminate at end of the current fortnightly Billing Period provided that we receive your notice at least 7 days prior to the start of the next fortnightly billing date. If you do not terminate your membership you will be required to pay any revised Membership Fees from the date from which the change becomes effective; your direct debit payments or credit card payments will be amended accordingly. All Membership Fees include goods and services tax (GST). We reserve the right to change your Membership Fees in line with any government taxes or GST rate changes, even if you are in your Initial Commitment Period.
k) You must pay your Membership Fees at time they fall due. You will not be allowed to access the Club if your Membership Fees are outstanding. We may need to adjust the availability of certain facilities the Club from time to time for the purposes of cleaning, repairs, upgrades, maintenance, special functions and holidays. If the Club is not available for more than 7 days in a row, you can ask us for a credit against your Membership Fees for the period that the Club is not available.
m) You may amend your membership to another Membership Type as long as you qualify for the new Membership Type; the new Membership Type is valued at an equal or a higher value than your current Membership Type; and you serve any remaining period of your Initial Commitment Period under the new Membership Type. All amendments must be confirmed in writing. You will need provide account authorisation for relevant increases in Membership Fees to be debited from your nominated account (calculated at the Membership Fees current at the time of your request) or any additional upfront payment (calculated at the upfront contract prices current at the time of your request), and agree to the appropriate contract agreement (where applicable) before your Membership Type change will take effect. Amendments of Membership Types may take 7 days for ISF to process. Membership transfers to third parties are not permitted.
n) ISF only grants its Members and paying Casual Guests access to the Club. You are not permitted to bring a non-member into the Club. When using your Access Pass to enter or exit the premises you must not hold the door open for anyone else, even if they are themselves a member. If you breach this clause, you accept responsibility and liability on the non-member’s behalf for any injury, loss or damage attributed to the non-member, whether or not caused through the negligence of Industrial Strength & Fitness; you accept that the act of bringing a non-member into the Club incurs an automatic fine of $150 which will be charged directly to you. This $150 will be deducted from your nominated bank account if you pay your Membership Fees by Direct Debit; or if you have paid your Membership Fees in advance, you will be invoiced at your nominated address, or your membership duration remaining may be reduced pro-rata to the equivalent value of $150; and Industrial Strength & Fitness reserves the right to terminate your membership.
o) Lockers are available for members and paying casual guests for a maximum of 3 hours at a time. If you lose or damage a locker key, you will be charged $25 for its replacement. Lockers will be emptied on a regular basis. If you do not comply with the 3-hour rule your locker will be emptied and your belongings will be held for 7 days. If you do not collect your belongings within these 7 days, they will be disposed of or donated to charity. You use the locker at your own risk; ISF is not liable to you for any personal property that is damaged, lost, or stolen from inside a locker. ISF is not liable to you for any personal property that is damaged, lost or stolen whilst on or around the Club including but not limited to any items left in the change rooms, or a vehicle parked in the car park or on the street (nor its contents). If you cause damage to the Club or its equipment you are liable to ISF for its cost of repair or replacement.
p) You may cancel your membership at any time after your Initial Commitment Period by advising us in writing that you wish you cancel your membership. We must receive this notification at least 7 days prior to the date of the fortnightly Billing Period from which you want your cancellation to be effective. If we don’t receive your notification at least 7 days prior to the next Billing Period, your cancellation will be effective after your next Ongoing Commitment Period.
q) If you wish to cancel your membership prior to the completion of your Initial Commitment Period on a 12-month contract (i.e. 12 months), you may do so by advising us in writing that you wish to cancel your membership early. Early termination will incur an “Early Termination Fee”. Early Termination Fees are calculated at 20% of the remaining fees within your Initial Commitment Period. Your cancellation will not be processed until these fees are received by the Club. Your termination will take effect from the first fortnightly direct debit date after we receive notice of your wish to cancel your membership plus your Early Termination Fee.
r) You may cancel your membership during your Initial Commitment Period within two months of any of the following occurring: you are unable to use the Club because of a genuine and serious illness or injury for a period of at least two calendar months (you must provide reasonable professional evidence of your illness or injury such as a doctor’s certificate or a letter from a hospital which specifically outlines how your condition prevents you from using the Club for two calendar months or more); you become bankrupt and provide us with reasonable evidence such as copies of Court documentation or orders; you relocate to an area not within 30 kilometres of the Club; we change the physical location of you the Club to more than 10 kilometres from its current location; or we close the whole of the Club for any reason for a period of 30 days in a row or longer. When cancelling your membership for ANY of the exceptional circumstances listed above, you request notify us in writing (by post or email) or advise one of our staff members in person. Your membership will terminate at end of the current fortnightly Billing Period provided we receive your notice at least 7 days prior to the start of the next fortnightly billing date.
s) ISF may terminate your membership immediately if: you commit a serious or repeated breach of these terms or the Club Rules; any part of your Membership Fees remains unpaid 28 days after falling due; or you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership. If we terminate your membership for any of these reasons, we may recover any other reasonable costs and expenses we incur as a result of your breach and collect the full amount of Membership Fees, any arrears and any applicable Early Termination Fee.
t) ISF will collect any Membership Fees and other fees (including any applicable Early Termination Fee) that are outstanding when your membership is terminated. You agree to pay for all expenses relating to debt collection including debt collector fees, legal fees and court expenses.
u) Paid in Advance (i.e. Pre-paid Memberships) are non-refundable after the Colling Off Period.3) DISCLAIMER:
ISF is not responsible for any death, injury, loss, or damage of any kind suffered by any person while using ISF’s facilities, participating in or watching FHMAA conducted by, under instruction by, or on behalf of ISF caused in any manner whatsoever including, but not limited to, the negligence of ISF except wherein said act of ISF is caused through reckless conduct by ISF.
I, the undersigned, am aware that FHMAA conducted by, under instruction of; or on behalf of ISF and/or the use of ISF’s facilities and equipment have inherent significant dangers and risks including but not limited to the potential for serious personal injury or death including:
a) Transient light headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis;
b) All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running walking, lifting, climbing and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
c) Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weights, bars, Pull Up Bars, walls, ropes, cargo nets, bumper plates, Olympic weight plates, medicine balls, and plyometric-boxes;
d) Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes and so forth or by an objects dropped by other persons conducting athletic activities or assisting others; and
e) Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harness.
4) And I do acknowledge and agree:
a) that the FHMAA I am participating in requires a moderate to high degree of effort, are designed to be executed in high intensity, and are intended, to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy;
b) that I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental and medical condition to ISF;
c) that although ISF takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for ISF to make these athletic activities completely safe;
d) that I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery
e) that I will learn and obey the rules and regulations of ISF, and that I will follow the directions and instructions of ISF during FHMAA including the Club Rules and Terms and Conditions described on the ISF website;
f) that I will inform ISF immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during FHMAA.
g) that I consent to receive first aid and medical treatment by ISF in the event of an accident, injury or illness during FHMAA.
h) that I may stop participating at any time and that I may be directed to stop by ISF should I display any noticeable signs of distress.4) Mums and Bubs Classes – By partaking of a Mums & Bubs Class, I acknowledge that ISF does not provide any kind of child-minding services. You are solely liable for care and welfare of any children attending these classes. ISF makes no warranties of the suitability of ISF and its facilities for young children.5) Photography / Videography / Audio – Participants involved in any activities FHMAA conducted by or on behalf of ISF may be photographed, audiotaped or videotaped during training, in competition, outside of and within the gymnasium by ISF. I consent to the use of these photographs and / or videos without financial or non-financial compensation of any kind, on any website of ISF or a related entity in any editorial, instructional, promotional or advertising material produced and / or published by ISF. I agree not to photograph, audiotape or videotape any person within ISF’s premises without the prior written consent of ISF.6) Disruptive Behaviour - Participants involved in any FHMAA offered by ISF will not display destructive, abusive or discouraging behaviour towards ISF, ISF’s equipment & property, members, volunteers, patrons, the general public, officers, officials, and referees. ISF reserves the right to: terminate any membership or participation in any of the above listed events, classes, programs, FHMAA offered by ISF; and/or refuse entry to any person engaging in such behaviour. Any language or behaviour that is deemed offensive, abusive, derogatory or detrimental to another member, ISF, or visitors may result in: the termination of membership or participation; revocation of right of entry of ISF’s premises, at the sole discretion of ISF .7) Waiver and Release of Liability - In consideration of ISF allowing me to: participate in FHMAA, attend ISF premises, and/or for other good and valuable consideration, receipt and sufficiency of which is acknowledged, I agree as follows:
a. To waive any and all claims that I have or may have in the future against ISF and TO RELEASE ISF from any and all liability for any loss, damage, expense or injury including death that I may suffer may suffer as a result of my participation in FHMAA, due to any cause including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of ISF, and including the failure on the part of ISF to safeguard or protect me from the risks, dangers and hazards of athletic recreational activities, but excluding reckless conduct by ISF, up to the maximum permitted by law by s139A of the Competition and Consumer Act 2010 (Cth);
b. To hold harmless and indemnify ISF from any and all liability for any property damage or personal injury to any third party resulting from my participation in FHMAA up to the maximum permitted by law;
c. I agree and acknowledge that there is an inherent level of risk with any FHMAA and I agree to any limits on legal liability that may be established pursuant to c53 – 55 of the Wrongs Act (1958)(Vic) and s22 of Australian Consumer Law and Fair Trading Act (2012)(Vic). FHMAA are dangerous recreational activities that involve a level of significant risk of physical harm.
d. I understand and acknowledge that there are risks, hazards and dangers associated with the FHMAA which cannot be eliminated or reduced, including, but not limited to, the risk of bodily injury and harm.
e. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be exclusively governed by and interpreted in accordance with the laws of Victoria Australia; and any litigation involving the parties to this Agreement shall be brought solely within Victoria and shall be within the exclusive jurisdiction of the Courts of Victoria.
f. In entering into this Agreement I am not relying on any oral or written representations or statements made by ISF with respect to the safety of FHMAA other than what is set forth in this Agreement.
g. I have read and understood this agreement prior to signing it, the foregoing assumption of risk, release of liability and am aware that by signing this agreement I am obligated to indemnify the parties named for any liability or death of any person and damage to property caused by my negligent or intentional act or omission, waiving certain legal rights which I or my next of kin, heirs, executors, administrators, assigns and representatives may have against ISF.