This Agreement, (‘the Agreement’), is between You (‘You, Your’) and Falsegrip Gymnastics Strength Training PtyLtd (ABN97611226110)(‘Falsegrip, We’)and relates to Your membership of the Falsegrip Gym and participation in any Falsegrip Activities and Your use oftheFalsegrip Gym or any other advised location (including but not limited to parks, recreational areas, playgrounds, areas adjacent to Falsegrip Gym, and/or any area selected for Falsegrip Activities).
1 Membership Terms
1.1 You are required to accept this Agreement by signing it or agreeing to it online to become a member (‘Member’) of the Falsegrip Gym and participate in Falsegrip Activities.
1.2 For safety and security reasons You must be at least 18 years old to become a Member. However, if You are 16 or 17 years old and both You and Your parent or guardian agree to the Falsegrip Minors Policy You may be accepted (at our discretion) to join us.
1.4 Each time You participate in Falsegrip Activities You must ensure that You are in good physical condition and know of no medical or other reason why You should not exercise or train. If You are unsure You should not participate in Falsegrip Activities until You have been given appropriate medical advice and been given approval to do so.
1.5 You must not use the Falsegrip Gym or participate in Falsegrip Activities if You are suffering from any illness, disease or injury or other condition that could be a risk to Your health or safety or that of others.
1.6 We guarantee that the services we provide:
a. are provided with due care and skill;
b. are reasonably fit for any purpose You have told us You are using the services for or You told us You wish to achieve; and /or are supplied within a reasonable time under certain legislative provisions, however we can ask You to accept some limitations to these guarantees.
1.7 This Agreement is subject to the Permission to use Falsegrip Gym and Participate in Falsegrip Activities Waiver Form You will sign on entry to the Falsegrip Gym before You commence any Falsegrip Activities or use the Falsegrip Gym. Please read this document carefully as it provides a release of liability and indemnity to Falsegrip [www.falsegrip.com.au/agreement].
1.8 To the extent permitted by law, You understand that the information, techniques, skills and concepts shared by Falsegrip coaches and speakers and all audio and video recordings, on-line training videos, information, manuals, checklists, documents, websites and other materials presented or referred to in Falsegrip Activities or online are not to be relied on or to replace any type of medical or other professional advice.
1.9 No part of the Falsegrip program materials may be copied, modified, licensed, published, transmitted, distributed, uploaded, broadcasted, sold or otherwise transferred without our prior consent. Falsegrip own all intellectual property rights to the Falsegrip Activities program materials.
1.10 You understand that Falsegrip may take photos and film during Falsegrip Activities. This footage may then be used for marketing, promotional and social media purposes. By signing this Agreement, You give Your permission for this to occur.
1.11 Any Falsegrip rules and polices provided to You in writing (including via email) apply to everyone using the Falsegrip Gym or participating in Falsegrip Activities and form part of this Agreement. You must make sure You read, understand and follow them at all times.
1.12 Whist we will use reasonable endeavours to give Younotice, we reserve the right to vary Falsegripcontent and cancel or reschedule any classes and alter the class timetable. Classes that would take place on public holidays may also be cancelled.
1.13 We reserve the right to vary this Agreement at any time and when changed, Falsegrip will make a new copy of the Agreement available online. A variation will take effect immediately after we have placed the Amended Agreement on our site for all new Falsegrip Activities purchased. Please regularly check the site to view the current Agreement [https://www.falsegrip.com.au/agreement].
2 Membership Payments & Cancellations
2.1 The current Membership fees are set on our website and are available at [https://www.falsegrip.com.au/pricing/]. You have agreed to pay the Membership fee applicable at the time of Your purchase of Membership.
2.2 Membership fees include goods and services tax (GST). Your fees will change in line with any GST rate changes.
2.3 If You do not attend Your weekly session’s they will not be made up by Falsegrip. You understand that some payment periods may have less workouts (due to holidays/missed workouts).
2.4 You have agreed to pay weekly Membership fees to Falsegrip for the minimum period of 3, 6 or 12 months (Minimum Commitment) You have purchased. Early termination of this Agreement will incur a fee of 50% of Your remaining debits owed on Your Minimum Commitment (Exit fee). For billing enquiries, please email: firstname.lastname@example.org
2.5 You can cancel Your Membership without an Exit fee if suspension is not suitable during the minimum term if:
a) You are sick or incapacitated – You must show us a certificate from a qualified medical practitioner stating that You cannot exercise for the foreseeable future.
b) You are bankrupt – You must show us supporting documents.
2.6 After the initial Minimum Commitment, Membership will be conducted on a weekly basis with no lock in contract. ShouldYou wish to cancel Your Membership after the initial Minimum Commitment, please provide 14 days written notice in advance of cancellation via email to: email@example.com.
2.7 Upon cancellation or termination of Your Membership for any reason, You will be required to return the Key-Tag issued to You upon joining. Failure to do so will incur a $50 replacement fee, which will be charged to Your MindBody account.
3 Membership Payments & Membership Suspensions
3.1 Foundation Membership (‘Membership’) requires a Minimum Commitment period of either 3 months (13 payments), 6 months (26 payments) or 12 months (52 payments) as selected and agreed to on Your EziDebit Direct Debit Request Form, over email or online at the time of purchase. Membership suspension periods are excluded from the Minimum Commitment periods.
3.2 Membership payments must be made upfront prior to booking into or attending Falsegrip Activities.If You pay any ongoing fees by direct debit this will be through the Mindbody website and their current biller (Ezidebit). This will be done by way of a direct debit payment agreement which applies to any direct debit services. The direct debit agreement which we are not a party to, is entirely separate to this agreement. By nominating a credit or debit account You authorise the Biller to deduct from that account all Fees and other charges You are responsible for under this Agreement. You must keep Your account details up to date. Should Your credit card expire, or direct debit account details change during Your time as a Member, You will be required to supply new details.
3.3 If payments aren’t completed within the required date and/or in the instance that You have insufficient funds in Your account at the time of processing payment, You authorise the Biller to deduct any unpaid arrears outstanding on Your account as well as any costs incurred by a failed payment. Failed payments will incur a minimum fee of $5.50. You understand that Falsegrip is not liable for these costs and will not reimburse you.
3.4 If payments fall into arrears, we reserve the right to suspend Your access to the Falsegrip Gym and Falsegrip Activities until all of Your outstanding payments are up to date.
3.5 You may suspend Your Membership if Your Membership fees are up to date, and a Membership suspension-fee of 10% of Your Membership fee will be applied to Your account. The minimum period of Membership suspension is 2 weeks. Further suspension will be granted in 1-week blocks. The maximum period of Membership suspension is 8 weeks in any calendar year.
3.6 In order to suspend your Membership, seven (7) days written notice in advance of Membership suspension is required via email to firstname.lastname@example.org
4 Membership Cancellation by Falsegrip
4.1 In addition to our other rights under this Agreement, we may cancel Your Membership if You breach any obligation under this Agreement that can’t be fixed. We may also cancel Your Membership if You breach an obligation that can be fixed, but You do not fix it within 7 days of our notice to You of that breach.
4.2 If we cancel Your Membership under clause 4.1, You will be liable for Fees incurred including Membership Fees, Joining fees, Key tag replacement fees. We may also charge fees to recover cost, loss or damages caused by Your breach.
5 Acknowledgment of Understanding
5.1 This Agreement is governed by the laws of NSW, Australia. If a court decides that any section of the Agreement is invalid or unenforceable, that section will be deleted from the Agreement. The other sections will remain valid and enforceable.
5.2 What is set out in this Agreement overrides any statements made by You or us before You signed it, so You should read through it fully to ensure it meets Your expectations. Should You have any questions about the Agreement please email email@example.com You accept it online or sign it.
5.3 You acknowledge You have read through this Agreement in full and understand Your obligations under it.
5.4 By purchasing a membership, You accept this Agreement online and agree to be bound by the provisions of it.