TERMS & CONDITIONS

BY JOINING ISF YOU AGREE TO THE FOLLOWING CONDITIONS AND WAIVE CERTAIN LEGAL RIGHTS:

TO: Combat Fitness Australia Pty Ltd trading as Industrial Strength and Fitness (ABN 95 127 128 045) its agents, its employees and its representatives (collectively and individually referred to as ‘ISF’),

1) DEFINITIONS: In this agreement:

1. 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, kickboxing, Brazilian Jiu Jitsu, wrestling, yoga, Barre, Pilates, boxing, bodyweight conditioning, stretching, outdoor running on trails or sidewalks, home exercise, 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.

2. 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.

2) GENERAL TERMS

1. You agree to pay your Membership Fees by Direct Debit, or Upfront (in full) by Credit/Debit card or Cash.

2. You may cancel your membership during the “Cooling Off Period” of 7 days joining 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 info@industrialstrengthandfitness.com.au.

3. ISF supplies the following Membership Types: ISF GYM ONLY; ISF GYM PLUS; and HANGAR 4 MMA Membership Types:

a. ISF GYM ONLY Membership gives you access to the 24-hour gym and functional training room (but NO classes).

b. ISF GYM PLUS Membership gives you access to the 24-hour gym plus all group exercise classes (but NOT martial arts).

c.  HANGAR 4 Membership gives you access to our 24-hour gym, group exercises classes, and all martial arts classes.

4. Class Passes give you access to our classes only; they do not give you access to our 24-hour gym.

5. Your Membership Agreement has a minimum Initial Commitment Period of:

a. 1 calendar year (52 weeks) on a 12-Month Contract from your Membership Start Date; or

b. 6 calendar months (26 weeks) on a 6-Month Contract from your Membership Start Date

6. Month-to-month contracts do not have Initial Commitment Periods; each contract period is 30-days in length and defined as an Ongoing Commitment Period.

7. On completion of your Initial Commitment Period on ISF GYM ONLY, ISF GYM PLUS, and HANGAR 4 MMA Membership Types, your membership will automatically renew further “Ongoing Commitment Period” of 1 calendar month, unless your membership is terminated, or you provide us with notice that you wish to cancel your membership when your Initial Commitment Period expires. Ongoing Commitment Period will begin on the first day after your previous Ongoing Commitment Period ends.

8. Upon request, ISF may temporarily suspend (“Freeze”) your membership. We must receive notice of your request to suspend your membership at least 7 days prior to the start of the Billing Period you wish to freeze. 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.

9. Suspensions are not permitted on any month-to-month contracts within the first 30-days of membership unless due to medical reasons for which a medical certificate must be provided.

10.  Maximum Freeze Periods: During your Initial Commitment Period, the maximum freeze periods for each Direct Debit contract are as follows 8 weeks on a 12-month contract, 4 weeks on a 6-month contract, and 2 weeks on a 3-month contract.

11.  After the Initial Commitment Period, you may freeze your membership for one or more consecutive Billing Periods, up to a maximum of 3 calendar months.

12.  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.

13.  Should you lose or have stolen your Access Pass, you must notify the gym immediately so we may deactivate your Access Pass. Should you fail to notify the gym that your Access Pass has been lost or stolen, and another party uses your Access Pass to gain entry into the gym, you are liable for any damage caused or items stolen by that party.

14.  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 Ongoing Commitment Period even if your membership is terminated during that Ongoing Billing Period.

15.  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.

16.  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.

17.  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.

18.  ISF reserves the right to assign or novate all existing payment agreements to a new payment provider. In the event that ISF or the Payment Provider assigns or novates the existing Payment Membership Agreements to a new payment provider, the Club or current Payment Provider may supply your personal information (including but not limited to your payment details) in accordance with this agreement and Privacy Policy.

19.  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 an equal or a higher fee 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.

20.  As a Member or Casual Guest of the Club you are bound by the Club Rules. The Club Rules can be found on the website at www.industrialstrengthandfitness.com.au. It is your responsibility to read these regularly and keep up to date with any changes made.

21.  Emergency Response Necklaces are located at the entrance of the weights gym. Emergency Response Necklaces must be worn AT ALL TIMES whilst training at Industrial Strength & Fitness during non-staffed hours.

22.  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, or share your ISF ONLINE membership with anyone else. 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 any of the terms in this clause:

a. You accept full responsibility and liability on the non-member’s behalf for any injury, loss or damage attributed to the non-member, whether or not cause through the negligence of Industrial Strength & Fitness.

b. You accept that the act of bringing a non-members 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 invoiced to you at your nominated address if you have paid your Membership Fees in advance, and Industrial Strength & Fitness reserves the right to terminate your membership.

23.  Lockers are available at the Club 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.

24.  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).

25.  If you cause damage to the Club or its equipment you are liable to ISF for its cost of repair or replacement.

2) MEMBERSHIP CANCELLATIONS

a) 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 require 1 calendar month’s notice for all GYM ONLY, GYM PLUS, and HANGAR 4 MMA Membership Types. This period constitutes your Notice Period.

b) Once your written notice has been received, a further 1 month’s Membership Fees are due for all Membership Types for your Notice Period. You are welcome to use keep using your membership during your Notice Period.

c) If you wish to cancel your membership prior to the completion of your Initial Commitment Period you may do so by advising us in writing that you wish to cancel your membership early. Early termination of your contract (i.e. within the Initial Commitment Period) incurs an “Early Termination Fee”. Early Termination Fees are calculated at being 50% of the total fees owed on the remainder of your contract.

d) You may cancel your membership without fulfilling your Notice Period within two months of any of the Exceptional Circumstances occurring:

a. 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 your illness or injury such as a doctor’s certificate or a letter from a hospital or other Allied Health Professional which specifically outlines how your condition prevents you from using the Club for two calendar months or more).

b. You become bankrupt and provide us with reasonable evidence such as copies of Court documentation or orders

c.  You relocate to an area not within 30 kilometres of the Club

d. We change the physical location of you the Club to more than 10 kilometres from its current location

e. We close the whole of the Club for any reason for a period of 30 days in a row or longer.

e) When cancelling your membership for any of the Exceptional Circumstances listed above, you request notify us in writing. 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 Period.

f)  ISF may terminate your membership immediately if:

a. You commit a serious or repeated breach of these terms or the Club Rules.

b. Any part of your Membership Fees remains unpaid 28 days after falling due.

c.  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 the above 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.

g) 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.

h) If you notify ISF that you wish to cancel your Membership whilst you on a Freeze Period, if you cancellation request is successful, your Freeze Period will be lifted (i.e. your Membership will be reactivated) for 1 calendar month, i.e. your Notice Period. You are welcome to use the gym during this Notice Period.

i)  Paid in Advance (i.e. pre-paid Memberships) are non-refundable (except during the Cooling 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:

1. Transient light headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis;

2. 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;

3. 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;

4. 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

5. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harness.

And I do acknowledge and agree:

1. 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;

2. 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;

3. 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;

4. 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;

5. 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;

6. That I will inform ISF immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during FHMAA;

7. That I will stop participating immediately should I experience any noticeable signs of distress;

8. That I will seek immediate medical assistance in the event of an accident, injury or illness during FHMAA.

9. I will have a parent or guardian with me whilst participating FHMAA if I am under the age of 18;

10.  It is my responsibility to advise ISF, its trainers and coaches, of any injuries PRIOR to partaking in any FHMAA with ISF (whether at the Club or Online).

4) Children – I accept that ISF does not provide any kind of child-minding services. Should I bring a child into the gym, I am solely liable and responsible for the care and welfare of that child or children. ISF makes no warranties of the suitability of ISF, its premises and surrounds for the suitability of children. No child under the age of 14 is allowed on the gym floor at any time.

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 take video footage of any person within ISF’s premises without the prior written consent of ISF. Photographs, audiotape, and video footage is not allowed in the bathrooms or changing rooms of the gym AT ANY TIME.

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; revocation of ISF Online access; 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.

8) MEDICAL CONDITIONS

I hereby agree that I have informed or will inform ISF prior to FHMAA of any medical conditions and hold no claim against ISF in the event of injury or death.

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