1. Definitions and Agreement Formation - Activity Provider: Refers to Shibusa Jiu Jitsu Pty Ltd
- Member: Refers to the individual training (or their parent/guardian if under 18).
- Agreement Formation: An agreement arises between us once this document has been signed and the Activity Provider accepts the application.
- Rectification Period: We have five (5) business days after the formation of an agreement to rectify any miscalculations reflected within the application or billing schedule.
- Non-Waiver: Failure by us to enforce any of our rights at any time for any period shall not be taken as a waiver of those rights.
- Precedence: If there is any conflict between these terms and verbal advice given by staff, these written terms shall prevail.
2. Agreement Period and Administrative Renewal - Specified Period: To comply with the ACT Fitness Industry Code of Practice 2009, this agreement is for a specified legal period of 12 months.
- No Long-Term Lock-in: This 12-month period is for paperwork validity only. Your commitment is week-to-week. You may terminate at any time by providing notice as per Section 3.
- Member Portal: A copy of your signed agreement and current terms are available for you to access, download, or print at any time via your member portal.
- Administrative Extension: At the conclusion of each 12-month period, this agreement will be administratively extended for a subsequent 12-month period. We will notify you via email of any updates to these terms at least 30 days prior to any extension. Continued participation and payment following this notification constitute your acceptance of the extended agreement.
3. Cancellation and Medical Rights - Standard Cancellation: You may terminate your membership at any time by providing one (1) week’s written notice to info@shibusajj.com.au. Cancellations must be sent to the administration office, not to instructors.
- Notice Period Liability: Please allow up to 14 days for the final processing of recurring billing cancellations. Any payment processed within the one-week notice window is non-refundable as it covers your final week of membership access.
- Permanent Physical Incapacity: If you suffer a permanent physical incapacity (verifiable by a medical certificate), you may terminate immediately. Any refund for unused pre-paid portions will be paid within 21 days.
- Temporary Physical Incapacity (Deferment): If you are unable to train for more than ten consecutive days due to a medical issue (verified by certificate), you may defer your membership for up to 3 months in any 12-month period.
- Provider Response: The Activity Provider must respond to any written notice of termination within seven (7) days.
4. Fees and Full Cost Disclosure - Initial Joining Fee: $0.00
- Cancellation Fee: $0.00
- Re-joining Fee: If you cancel your membership and later choose to restart, a $100.00 re-application fee applies.
- Membership Rates: Membership fees are charged at the rate of your selected plan (e.g., Beginner, 2-day-per-week, or Unlimited) as stated on our publicly displayed pricing page and selected at the time of registration.
- Total 12-Month Disclosure: This represents the total potential cost over 12 months, calculated as (Selected Weekly Fee x 52). This is a mandatory legal disclosure for the 12-month agreement period and does not constitute a lock-in contract.
- Fee Increases: We reserve the right to increase fees at any time. We will provide at least 30 days’ notice via email. Continued membership after the notice period constitutes authorisation for the Activity Provider to adjust your recurring billing.
5. Billing and Attendance - Entitlement vs. Use: Membership is based on the entitlement to attend classes, not actual use. Failure to attend does not release you from payment obligations.
- No Roll-overs: Membership allowances (e.g., 2 days per week) do not roll over from week to week.
- Billing Consistency: Payments are recurring and are not modified for public holidays, venue changes, or unforeseen closures.
- Arrears: If a payment is rejected, access to the gym is suspended immediately. You authorise us to continue attempting to debit your account for the total amount due, including any bank rejection fees charged to us.
- Change of Details: You are required to keep us updated with any changes to your address, email, or payment details.
6. Operational Rules and Behaviour - Membership Hold: Unlimited, 2 Days/Week or Beginner Program members may place membership on hold for a minimum of 1 week and a maximum of 6 weeks per annum. Requires 7 days' written notice.
- Christmas Closure: The gym is closed for the last week of December and the first week of January. Direct debits continue uninterrupted during this period. Fees for this duration are mandatory regardless of attendance or membership hold status.
- Code of Conduct: Respectful behaviour toward instructors, staff, and fellow members is mandatory. Swearing, spitting, or training under the influence of drugs or alcohol is strictly prohibited.
- Equipment Damage: Any misuse of equipment or mats resulting in damage must be paid for by the Member.
- Right of Admission: We reserve the right to refuse entry or cancel membership without warning for behaviour deemed threatening, harassing, or unsafe.
- Right to Amend: The Activity Provider reserves the right to implement changes to Rules, conditions of membership, operation hours, facilities, and services provided at any time.
7. Media Consent and Photography Release - Authorisation: You authorise the Activity Provider to take or use photographs, video, or other digital media (“Media”) of you (and/or your property) and to use these in any and all media worldwide, including online and social media platforms, for any lawful promotional purpose without payment or other consideration.
- Ownership and Rights: You understand and agree that all Media taken by or for the Activity Provider will become the sole property of the Activity Provider.
- Editing Rights: You authorise the editing, altering, exhibition, or distribution of these photos for any lawful purpose.
- Opt-Out: You may revoke this consent in writing at any time by emailing info@shibusajj.com.au.
- Historical Usage: While the Activity Provider will cease using your image in new promotional material after receiving your request, any Media already published or in use at the time of revocation (e.g., historical social media posts or website archives) will not be removed or destroyed.
8. Ongoing Health Warranty & Duty to Disclose - Continuous Warranty: You acknowledge that the answers provided in your Pre-Exercise Health Questionnaire are a continuous warranty of your physical condition.
- Member Responsibility: It is your sole responsibility to notify the Activity Provider in writing immediately should there be any change to your health status, medical condition, or physical capacity that may increase your risk during training.
- Medical Clearance: If a change in health is disclosed, the Activity Provider may require updated medical advice or a certificate before you can continue training.
9. Miscellaneous - Seminars/Guests: Guest instructors may be brought in from time to time; any claim arising from a guest instructor’s actions is the responsibility of that instructor. You release the Activity Provider from liability regarding guest instructor acts or omissions. We will assist to resolve any conflict or issues with the guest instructor where possible.
- Staff Qualifications: The Activity Provider ensures all fitness services are supervised by appropriately qualified persons in accordance with ACT law.
- Communication: You authorise the Activity Provider to add your email and phone number to communication lists for gym updates and news.
- Governing Law: This agreement is governed by the laws of the Australian Capital Territory.
- Complaint Resolution: If a concern cannot be resolved, you have the right to refer the matter to the ACT Commissioner for Fair Trading.
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