This Membership Agreement (“Agreement“) is between You (“You“, “Your“) and Falsegrip Gymnastics Strength Training Pty Ltd ABN 97 611 226 110 (“Falsegrip“, “We“, “Us“, “Our”).
This Agreement relates to Your purchase and use of any Membership Product, participation in Falsegrip Activities, and access to any facility, service, event, program, location, online platform, or activity operated, used or authorised by Falsegrip.
For the purposes of this Agreement:
“Falsegrip Activities” includes, but is not limited to, group training sessions, private coaching sessions, workshops, seminars, member events, open gym sessions, educational activities, online content and any other activity conducted, organised or authorised by Falsegrip.
“Member Events” means seminars, workshops, educational sessions, clinics and similar events conducted by Falsegrip from time to time.
“Membership Product” means any membership, trial pass, class pass, workshop pass, event pass or other service offered by Falsegrip from time to time.
1. TERMS & CONDITIONS
1.1 You must accept this Agreement before purchasing a Membership Product, participating in Falsegrip Activities or accessing any services provided by Falsegrip.
1.2 Falsegrip is primarily an adult training facility and Falsegrip Activities are generally intended for persons aged 18 years and over.
1.3 In limited circumstances, Falsegrip may permit a person aged 17 years to participate in Falsegrip Activities. Participation by any person under 18 years of age requires the written consent of a parent or legal guardian and compliance with any additional policies, waivers or conditions imposed by Falsegrip.
1.4 A participant aged 17 years may be required to attend with, or remain under the supervision of, their parent or legal guardian, as determined by Falsegrip.
1.5 Falsegrip reserves the right to refuse, suspend or withdraw participation by any person under 18 years of age at any time.
1.6 During Your Membership and participation in Falsegrip Activities, Falsegrip may collect and hold personal information relating to You, including health information and payment information. Falsegrip will collect, use, store and disclose such information in accordance with its Privacy Policy.
1.7 Each time You participate in Falsegrip Activities, You confirm that You are physically capable of participating and are not aware of any medical, physical or other reason that would make participation unsafe for You or others.
1.8 You must promptly notify Falsegrip of any injury, illness, pregnancy, medical condition or change in health status that may affect Your ability to safely participate in Falsegrip Activities.
1.9 You must not participate in Falsegrip Activities if You are suffering from any illness, injury, disease or other condition that may create a risk to Your health and safety or the health and safety of others.
1.19A Falsegrip may require a participant to obtain medical clearance from a suitably qualified medical practitioner before participating in, or continuing to participate in, Falsegrip Activities where Falsegrip reasonably believes participation may present a risk to the participant or others.
1.19B Falsegrip may require a participant to complete a Medical Clearance & Participation Acknowledgement Form and comply with any conditions, restrictions or recommendations contained within that form before participating in Falsegrip Activities.
1.19C Falsegrip reserves the right to restrict, modify, suspend or refuse participation in Falsegrip Activities where a participant does not provide requested medical clearance or where Falsegrip reasonably believes participation may present a safety risk to the participant or others.
1.10 Falsegrip will provide its services with due care and skill and in accordance with applicable Australian Consumer Law obligations.
1.11 Participation in Falsegrip Activities is subject to the Falsegrip Waiver and Release Agreement. You acknowledge that You must read and accept the applicable waiver before participating in Falsegrip Activities.
1.12 To the extent permitted by law, information, techniques, skills, concepts, educational content, coaching advice, online content, recordings, manuals, checklists, documents, videos and other materials provided by Falsegrip are intended for educational purposes only and are not a substitute for professional medical or other professional advice.
1.13 All intellectual property rights in Falsegrip programs, systems, materials, content, videos, recordings, documents, branding and educational resources remain the property of Falsegrip unless otherwise stated.
1.14 No material provided by Falsegrip may be copied, reproduced, distributed, modified, published, sold, licensed, transmitted, uploaded or otherwise used without the prior written consent of Falsegrip.
1.15 Falsegrip may photograph, record audio and record video during Falsegrip Activities for marketing, promotional, educational and social media purposes.
1.16 By participating in Falsegrip Activities, You consent to the use of photographs, audio recordings and video recordings containing Your image, likeness and voice unless You have submitted a written request to opt out.
1.17 Falsegrip may establish and amend reasonable rules, policies and procedures relating to participation in Falsegrip Activities, facility use, bookings, safety, conduct and operations from time to time. Such rules, policies and procedures form part of this Agreement.
1.18 You agree to comply with all reasonable directions provided by Falsegrip coaches, staff and authorised representatives.
1.19 Falsegrip reserves the right to refuse participation in any activity where a coach or staff member reasonably believes participation may present a safety risk to You or others.
1.20 Participation in certain advanced or specialised activities may require prior discussion with a Falsegrip coach to determine suitability based on the participant’s experience, physical capacity and training history.
1.21 Participants are encouraged to seek guidance from a Falsegrip coach before attending Handstands, Rings, Tumbling or other advanced training sessions.
1.22 Falsegrip may modify, substitute, reschedule or cancel classes, activities, coaches, instructors, presenters, events, facilities, operating hours, locations or timetables at any time.
1.23 Falsegrip may modify, substitute, reschedule or cancel services due to public holidays, staff illness, emergencies, maintenance requirements, safety concerns, weather conditions, low attendance, equipment failure, government directions or any other circumstance beyond its reasonable control.
1.24 Membership fees remain payable during such periods and no refunds, credits, extensions, make-up sessions or compensation will be provided unless required by law.
1.25 Falsegrip will not be liable for interruptions, closures, timetable changes or service limitations caused by events outside its reasonable control.
1.26 Falsegrip may amend this Agreement from time to time to reflect operational, legal, regulatory or business changes. Where changes materially affect Members, Falsegrip will provide reasonable notice and publish the updated Agreement at www.falsegrip.com.au/agreement.
1.27 Continued use of Falsegrip services after an updated Agreement takes effect constitutes acceptance of the revised Agreement.
2. MEMBERSHIP PRODUCTS
2.1 Falsegrip may offer Membership Products from time to time.
2.2 The Trial Pass includes one (1) Intro Session and fourteen (14) days access to eligible group training classes.
2.3 The Intro Session must be completed before attending any group training classes.
2.4 The fourteen (14) day training period commences on the date of the participant’s first group class attendance and not on the date of the Intro Session.
2.5 Trial Passes are available to new participants only unless otherwise approved by Falsegrip.
2.5A The Intro Session must be completed within thirty (30) days of purchase unless otherwise approved by Falsegrip.
2.5B Failure to complete the Intro Session within this period may result in forfeiture of the Trial Pass.
2.6 Base Membership provides access to designated group training classes, Open Gym and eligible Member Events as determined by Falsegrip from time to time.
2.7 Perform Membership provides access to all scheduled group training classes, Open Gym and eligible Member Events.
2.8 Core Membership provides access to all scheduled group training classes, Open Gym and eligible Member Events.
2.9 Core Membership is a discounted annual membership that may be offered by Falsegrip to eligible Members at its discretion.
2.10 A Core Membership consists of fifty-two (52) active training weeks.
2.11 Any approved suspension period does not count towards the fifty-two (52) active training weeks and will extend the Membership term accordingly.
2.12 Core Memberships are non-transferable.
2.13 Falsegrip may, at its discretion, consider requests for cancellation or refund due to exceptional circumstances. Where a refund is approved, Falsegrip may recalculate the Membership using the applicable standard membership rates for the period already used and deduct any outstanding amount from the refund.
2.14 A 10 Class Pass provides access to scheduled group training classes subject to available credits.
2.15 Open Gym access is not included with a Trial Pass or 10 Class Pass.
2.16 Member Events are not included with a Trial Pass or 10 Class Pass unless otherwise advised by Falsegrip.
2.17 Falsegrip may add, remove, modify or replace Membership Products from time to time. Such changes will not affect existing Membership Products already purchased unless otherwise agreed or required by law.
3. MEMBERSHIP TERMS & CANCELLATIONS
3.1 Current Membership Product pricing is published on the Falsegrip website and may be amended from time to time.
3.2 Membership fees include GST where applicable.
3.3 Membership fees provide access to the services and benefits associated with the applicable Membership Product and are not based on attendance, usage or the number of classes attended.
3.4 Weekly memberships operate on an ongoing basis until cancelled in accordance with this Agreement.
3.5 Membership fees may be varied from time to time. Falsegrip will provide at least fourteen (14) days written notice of any fee increase.
3.6 Falsegrip may offer concession pricing to eligible students and seniors. Eligibility requirements, rates and conditions may be varied from time to time.
3.7 Members may cancel a weekly Membership Product at any time by providing a minimum of seven (7) days written notice.
3.8 Cancellation requests must be submitted using the Membership Cancellation Form available on the Falsegrip website.
3.9 Verbal requests, social media messages, text messages or notifications to coaches or staff do not constitute valid cancellation notice.
3.10 Membership fees remain payable during the cancellation notice period.
3.11 Trial Passes and 10 Class Passes are non-refundable and non-transferable except where required by law.
3.12 10 Class Passes expire twelve (12) weeks after the first class attendance.
3.13 Unused class credits are forfeited upon expiry.
4. MEMBERSHIP PAYMENTS
4.1 Membership fees and other applicable charges must be paid in advance.
4.2 Ongoing membership payments may be processed through Falsegrip’s nominated billing provider.
4.3 By providing payment details, You authorise the billing provider to process fees and charges associated with Your Membership Product.
4.4 You must ensure Your payment details remain current and valid at all times.
4.5 If a payment is declined or dishonoured, the billing provider may apply a failed payment fee in accordance with its current schedule of fees.
4.6 Falsegrip reserves the right to suspend access to services where payments remain outstanding.
4.7 Members remain responsible for all outstanding fees incurred prior to suspension or cancellation.
5. MEMBERSHIP SUSPENSIONS
5.1 Weekly Membership Products and Core Memberships may be suspended provided all membership fees are paid up to date.
5.2 Suspension requests must be submitted using the Membership Suspension Form available on the Falsegrip website.
5.3 Verbal requests, social media messages, text messages or notifications to coaches or staff do not constitute valid suspension notice.
5.4 Members must provide a minimum of three (3) days notice prior to the requested suspension start date.
5.5 The minimum suspension period is one (1) week.
5.6 Suspensions must be requested in full week increments.
5.7 Membership fees will not be charged during an approved suspension period.
5.8 Memberships will automatically resume at the conclusion of the approved suspension period unless otherwise agreed in writing.
5.9 Approved suspension periods for a Core Membership will extend the Membership term by the equivalent duration of the suspension period.
5.10 Falsegrip may, at its discretion, approve suspension requests outside the standard suspension policy in exceptional circumstances.
6. BOOKINGS, ATTENDANCE & OPEN GYM
6.1 All group training classes, activities and events must be booked through Falsegrip’s booking system unless otherwise advised by Falsegrip.
6.2 Members are responsible for ensuring they have a confirmed booking prior to attending any class or activity.
6.3 Members on a waitlist are not entitled to attend a class unless they have received confirmation that they have been allocated a place.
6.4 Falsegrip reserves the right to refuse participation where a participant does not have a valid booking.
6.5 Failure to attend a booked class under a 10 Class Pass will result in the deduction of a class credit.
6.6 Open Gym access is only available to Membership Products that specifically include Open Gym access.
6.7 Open Gym access is only available during times designated by Falsegrip and may be modified, restricted, suspended or withdrawn at any time.
6.8 Open Gym participants train independently and are responsible for their own exercise selection, training decisions and supervision.
6.9 Coaching is not provided during Open Gym unless specifically arranged with Falsegrip.
6.10 Members must return equipment to its designated location following use and leave all training areas in a clean and safe condition.
6.11 Members using Open Gym must immediately make equipment, training areas and facilities available when required for scheduled classes, coaching activities, events or operational requirements.
6.12 Falsegrip may restrict access to equipment, facilities or training areas during classes, events, maintenance or operational activities.
6.13 Tumbling activities are not permitted during Open Gym unless specifically authorised and supervised by Falsegrip.
6.14 Members must comply with all Open Gym rules and reasonable directions provided by Falsegrip staff.
7. SUSPENSION OR TERMINATION BY FALSEGRIP
7.1 Falsegrip may suspend or terminate a Membership Product where a Member breaches this Agreement and fails to remedy the breach within seven (7) days of receiving written notice from Falsegrip.
7.2 Falsegrip may immediately suspend or terminate a Membership Product where the breach is serious, presents a safety risk, is unlawful or is otherwise incapable of remedy.
7.3 Falsegrip may refuse participation in any Falsegrip Activity where a participant fails to comply with coach instructions, safety requirements or reasonable directions provided by Falsegrip staff.
7.4 Falsegrip reserves the right to suspend or terminate a Membership Product where a Member engages in behaviour that is unsafe, abusive, threatening, discriminatory, harassing, disruptive, unlawful or otherwise inconsistent with the safe operation of Falsegrip.
7.5 Falsegrip may suspend access to services where membership fees, charges or other amounts remain unpaid.
7.6 Suspension or termination under this clause does not affect Falsegrip’s right to recover any outstanding fees, charges or amounts owing.
8. ACKNOWLEDGEMENT OF UNDERSTANDING
8.1 This Agreement is governed by the laws of New South Wales, Australia.
8.2 If any provision of this Agreement is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
8.3 This Agreement, together with any applicable waiver, privacy policy, policies, procedures and rules published by Falsegrip, constitutes the entire agreement between the parties relating to the Membership Product and participation in Falsegrip Activities.
8.4 This Agreement supersedes any previous representations, understandings, communications or agreements relating to the Membership Product except where required by law.
8.5 Members should read this Agreement carefully and seek independent advice if they do not understand any part of it.
8.6 By signing this Agreement, accepting it electronically, purchasing a Membership Product or participating in Falsegrip Activities, You acknowledge that You have read, understood and agree to be bound by this Agreement.
8.7 You acknowledge that participation in Falsegrip Activities is voluntary and that You are responsible for complying with this Agreement and all reasonable directions provided by Falsegrip.
8.8 The current version of this Agreement is available at www.falsegrip.com.au/agreement.
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