MYBJJ BRISBANE

MEMBERSHIP TERMS AND CONDITIONS

1. Definitions

  1. "Commencement Date” means the date that your Membership starts;

  2. “Dojo”, “we”, “us” or “our” means MyBJJ Brisbane;

  3. “Facilities” means the gym equipment, amenities and other facilities available at the Dojo;

  4. “Fees” means any membership fees and any other agreed fees for the services provided;

  5. “Member” or “You” means the person entering into this Agreement and joining the Membership;

  6. “Membership” means your membership with the Dojo;

  7. "Membership Agreement", “Agreement” means the Membership Details and Membership Terms and Conditions and any other written or verbal agreement between both parties at or after acceptance of the Agreement by you.

  8. “Membership Details” means the specific details of this membership such as the Commencement Date, Membership type etc. as stated in the relevant form titled “Membership Details”;

  9. “Membership Sign-Up Form” means a document in electronic or hard-copy form that has been submitted to you for completion of the Membership Details and acceptance of our Terms;

  10. “Membership Terms and Conditions”, “Terms” means the terms specified herein;

  11. “Parent/Guardian” means the lawful parent or guardian of a person under 18;

  12. “Regular price” means membership prices as set out in the electronic Sign-up form;

  13. “Services” means classes, programmes and any other martial-arts and fitness services offered by the Dojo;

  14. “Term” means the term of this Agreement, as set out in Item 4 of the Schedule;

  15. “Time Hold” means your Membership is placed on temporary hold, in accordance with clause 7.1.

 

2. Binding Agreement

  1. You acknowledge and agree that you have entered into a legally binding agreement with us by ticking the relevant checkbox on our Membership Sign-Up Form and/or direct debit authorisation form; 

  2. As such, you should seek independent advice and/or let us know if you have any queries relating to this Agreement prior to accepting.

 

3. Provision of Services

  1. In consideration for payment of the Fees, we agree to provide you with Brazilian Jiu-Jitsu (BJJ) and/or any other martial arts/fitness classes/instruction.

  2. Some Services, such as private classes and personal training, are excluded from the Membership and may require payment of additional fees as offered by the Dojo.

  3. Your safety is important to us, and as such, we will use our best endeavours to ensure that the Facilities and the Services are safe, hygienic and secure.

  4. If at any time you become aware of an issue with the Facilities or the Services, please notify us immediately.

  5. Some membership types may have restricted access to classes. It is your responsibility to check with your Dojo what restrictions your membership has.

  6. Our Dojo shall be closed for the period of 14 days over the Christmas period. During this time, at least one (1) Open Mat will be organised that you can attend. You acknowledge and agree that membership fees are still payable during this period to keep your membership active. You have the option to put your membership “on Time Hold” as per clause 7 during that period. 

  7. The dojo shall be closed on public holidays with no regular classes taking place. Open Mat might be organised on some public holidays. You acknowledge and agree that the Membership Fee is still payable in full.

 

4. Your obligations

  1. You agree to pay the Fees as per the agreed payment method and by the due dates. A Regular Price can be modified if agreed by both parties and shall be applicable as agreed between both parties, including possible discounts, reductions or fee waivers. 

  2. You agree to, at all times, abide by the “Dojo Etiquette” and other policies or rules in place detailed in the “Welcome Email” sent to you after you sign up and/or displayed in the Dojo or our website (www.mybjjbrisbane.com).

  3. You must check in to every class via our student management system, KickSite, or any other system that we request you to use for the check-in. If you fail to sign in, we reserve the right to refude your attendance of the class. 

  4. You must notify us if your contact details change.

5. Age Restrictions

  1. Shall you bring a child/children to the dojo, MyBJJ Brisbane strongly recommends to supervise the child/the children at all times. We shall not be liable to you in any manner for any injury, loss or damage sustained as a result of leaving children unattended.

  2. If you are under the age of 18, your Parent/Guardian must sign this Agreement and both you and your Parent/Guardian shall be bound by this Agreement.

6. Termination and Membership

  1. This Agreement will continue until terminated by you in accordance with clause 6.3 or upon expiry of its validity as per clause 6.2, if applicable.

  2. Class passes have a limited validity of 3 months from the time of purchase.

  3. Payments will continue until notified. You may terminate this agreement by providing us with 14 days written notice. 

  4. You may also terminate this Agreement at any time for medical reasons, on presentation of a medical certificate.

  5. You acknowledge and agree that, except as otherwise set out in this Agreement or as required by law, all Fees are non-refundable upon termination of this Agreement and your failure to use the Services does not allow for early termination of this Agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the Facilities and Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage.

  6. If you breach any term of this Agreement or act in a way we deem inappropriate, we may suspend or cancel your Membership. If any such breach causes us or another person costs, loss or damage, you agree to be wholly liable for these.

7. Time Hold and Transfers

  1. You may put your Membership on Time Hold for a minimum period of two (2) weeks and a maximum period of eight (8) weeks,up to three (3) times per calendar year. You agree to pay a fee of $5 per week during the Time Hold period. Requests for Time Hold must be completed in writing at least 3 days prior to your next direct debit payment and will commence from the date your next direct debit payment would have been due.

  2. You may also put your Membership on Time Hold due to injury for one (1) week. For longer periods, we may request to view a medical certificate.We may request to view an updated medical certificate after a period of three (3) months of absence due to injury. 

  3. Memberships are not transferable.

 

8. Limitation of Liability

  1. You acknowledge and recognise the inherent risks of injury or ill health resulting from the practice of martial-arts and the use of the Facilities and Services and participation in exercise generally. It is recommended that you seek medical advice prior to commencing any exercise program and to have or take out appropriate health insurance including private health insurance.

  2. To the extent permitted by law, you agree to release and indemnify us for any loss or damage suffered by you directly or indirectly in respect of any incident or practice arising out of injury, loss, damage or death caused to you or your property in any way whatsoever.

  3. You agree that you use the Facilities and Services at your own risk and responsibility whether supervised or not by staff.

 

9. Privacy

  1. We shall not pass your information onto any other business. If you do not wish to receive email, SMS or mail correspondence from us regarding your Membership, special offers or promotions, you shall send us an email or letter confirming that you wish to unsubscribe from such methods of communication.

  2. Please contact us for a copy of our privacy policy.

 

10. Use of photographs and videos 

  1. You acknowledge and agree that MyBJJ Brisbane may use images and videos taken of you during class or any events organised by My BJJ Brisbane. Such use includes the display, distributions, publications, transmissions or otherwise use of photographs, images and/or videos taken for use in materials that include, but may not be limited to, printed materials such as Posts, Flyers, Brochures, Newsletters, Videos and digital images used on MyBJJ Brisbane’s Website and Social Media Pages, such as Facebook and Instagram. If you do not wish that any photo and/or video material with you is published, you shall advise us in writing. 

 

11. Change of terms

  1. All terms of this agreement are subject to change upon thirty (30) days' prior written notice. If changed, you may terminate this agreement prior, the effective date of the change, giving us fourteen (14) days' written notice to terminate. If you do not give such notice, the change shall become effective.

 

12. Direct Debit Request Service Agreement

  1. You acknowledge and agree that direct debit payments are managed and debited on behalf of us by a third party billing agent, EZYPAY Pty Ltd ABN 42 003 340 734.

  2. You acknowledge and agree that a direct debit fee of $1 is applicable per transaction. 

  3. You acknowledge and agree that the Fees are reviewed periodically and may increase, unless otherwise agreed. This is regardless of the Fees payable when you entered into this Agreement or the Term (unless you have pre-paid in advance). You will be notified a minimum of 30 days prior to any such Fee increase by email.

  4. It is your responsibility to ensure cleared funds are available in your nominated bank account or credit card to meet the direct debit payment. If a debit is returned unpaid by your financial institution, you will be responsible for payment of the debit plus an additional $9.79 for return fees and administrative costs incurred by EZYPAY. Failed payment will be automatically rescheduled after 6 days. 

  5. You acknowledge and agree that: EZYPAY is entitled to store your personal information (whether received by you, the Dojo or otherwise on its systems) and use it for the purposes of administering this Agreement, providing its products and services, or offering alternative products and services; you have rights of access to, and correction of, your personal information under the Privacy Act 1988; and EZYPAY (or the Dojo) may contact you for any purpose related to the provision of its products and services.

  6. You authorise EZYPAY to notify any debt collection or credit reporting agency upon default by you in meeting your payment obligations under this Agreement.

  7. You agree to immediately pay the full outstanding balance of the remainder of the payments due, including any current arrears, should a default occur prior to this Agreement and your direct debit is terminating.

  8. You may be liable for any costs associated with the recovery of your overdue account, this may include, but is not limited to the following; legal fees, interest and mercantile agency collection cost.

  9. When a debit day falls on a weekend and/or a national public holiday all debits for that weekend or national public holiday will be processed on the immediately preceding business day. If unsure, you should contact EZYPAY.

  10. This authority shall stand pursuant to the terms and conditions of this Agreement with the Dojo. The administration only of this authority is conducted by EZYPAY, acting as a billing agent for us. The services provided by EZYPAY are administrative only and do not extend to the provision of any services or benefits provided by us.

  11. Direct debit may not be available on all bank accounts. You are advised to check your account details against a recent statement from your financial institution. If uncertain you should check with your financial institution before completing the Direct Debit Authority.

  12. All enquiries in relation to refunds must be directed to the Dojo.

  13. EZYPAY will communicate with you from time to time. To ensure communication reaches you, it is important EZYPAY is supplied with a valid email address and mobile phone number. Failure to supply a valid email address and a mobile phone number will prevent EZYPAY from contacting you regarding important information concerning your account.