Current Membership Terms & Conditions
The following represents the current membership agreement between SHIBUSA JIU JITSU and our adult members. A parent or legal guardian must sign on behalf on anyone under 18 years old.
Last updated: December 4th, 2021
Shibusa Jiu Jitsu, we, us, our – Shibusa Jiu Jitsu
You, Your – Means you, the member of Shibusa Jiu Jitsu.
Agreement – Is the agreement between Shibusa Jiu Jitsu and you under which you will be a member of Shibusa Jiu Jitsu.
Minimum Term – Is the term specified in the agreement.
Rules – The rules regulating the operation of equipment, class schedule, behaviour within Shibusa Jiu Jitsu and any information specified in signage and paraphernalia.
Gym – The place where you train with Shibusa Jiu Jitsu.
Terms and Conditions of Agreement
- Agreement Formation: an Agreement arises between us once the Agreement has been signed and Shibusa Jiu Jitsu accepts the Agreement. This Agreement will be governed by the laws of the Australian Capital Territory.
- Acceptance by Shibusa Jiu Jitsu of the Agreement: it is important that the terms of the Agreement between you and Shibusa Jiu Jitsu are clear and for this reason, if there is any conflict between what is set out in the following terms and anything you have been advised in person or over the telephone by any member of staff, these terms shall prevail. 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. We have five (5) business days after formation of an Agreement to rectify any miscalculation reflected within the Application and Agreement.
- Rules and Code of Conduct: you must comply with the Rules of the gym. It is the members responsibility to ensure Rules outlined in both signage and handouts are read, understood, and abided by at all times. In addition, the following will not be tolerated:
- Swearing, spitting, loud or raucous behaviour.
- Participating in training whilst under the influence of drugs or alcohol.
- Misuse or mistreatment of training equipment.
You understand that if you are responsible for any of the above, your membership may be suspended or terminated without refund.
Any equipment damages must be paid for by the Member.
- Membership Entitlement: as a member you are entitled to use the facilities of Shibusa Jiu Jitsu only during the specified class times, and only for the term of the membership subject to this Membership Agreement. Membership is based on the entitlement to attend Shibusa Jiu Jitsu classes and facilities, not its actual use. Failure to attend these classes and facilities does not release the member from their obligations under this agreement.
- Membership Hold: Members are entitled to place membership on Hold for up to 6 weeks per annum. Shibusa Jiu Jitsu requires seven (7) days notice for any Membership Hold Request. Any Hold on memberships must be made in writing to email@example.com, a confirmation will be sent to you upon receipt. As per Term 5 above, any member placing their membership on Hold over the Christmas period will be subject to annual member fees for the period set out in Term 6.
- Christmas Period and Public Holidays: Shibusa Jiu Jitsu will not run classes or open the gym during the last week of December and the first week of January, nor will it open on any Public Holidays. During that time any direct debits will continue uninterrupted, and you will not be entitled to any refund or any extra benefits. Membership is for an agreed period of time (continuing until terminated), not a particular number of classes. The fees for the duration over Christmas are considered as part of your membership fee and all members must pay this fee whilst their membership is current, this includes if you are on Membership Hold during this period.
- Right of Admission: we reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for inappropriate behaviour that may be deemed threatening, harassing or unsafe, at our discretion.
- Fee Payment: all membership fees are paid in advance. If fees are not paid by the due date, access to Shibusa Jiu Jitsu will be suspended until such a time as payments are brought up to date. Any fees charged to Shibusa Jiu Jitsu due to a rejection when collecting your fees will be charged directly to you. In the event that a payment remains outstanding, you agree that we may continue to debit your nominated account / credit card with the total amount due without notice to you.
- Membership in Arrears or No Account Details Provided: if any amount payable for your membership is not received on the due date or if no valid account / credit card details are provided, access to Shibusa Jiu Jitsu will be suspended until such a time as payments are up to date.
- Cancellation / Termination: written notice is required for any membership cancellation. This can be sent to: firstname.lastname@example.org . Any cancellations received on your payment due day will result in a payment being debited from your nominated account / credit card due to our payment system. Your payments will be cancelled on the next business day. Shibusa Jiu Jitsu requires one week notice prior to any membership cancellation. All cancellations are subject to a $50 re-application fee if / when members re-start membership.
- Fee Increase: we reserve the right to increase membership fees at any time after the initial Term on the Membership Agreement. We will advise of any increase a month prior to the increase occurring and will provide this in writing to the most current email address you have provided to us. We will assume, after making reasonable efforts to advise you of the increase, that you accept the increase and that you authorise Shibusa Jiu Jitsu to increase any direct debits to your nominated account or credit card.
- Alterations to Operations, Rules or Agreement: Shibusa Jiu Jitsu reserves the right to implement any changes to Rules, conditions of membership, operation hours, facilities and services provided at any time. Shibusa Jiu Jitsu will notify you at least one month prior to any changes, notification will be via email (to your most recently advised email address), newsletters and/or notices at our gym.
- Change of Details: members are required to keep us updated with any changes to address, email, phone, direct debit details etc.
- Seminars and Guest Instructors: From time to time Shibusa Jiu Jitsu will bring in guest Instructors to provide their services. Any claim that arises as a result of an act or failure to act by such a Guest will be brought against and will be the responsibility of the Guest Instructor and not Shibusa Jiu Jitsu (regardless of whether payment has been made to the Guest). Therefore, you release Shibusa Jiu Jitsu Brazilian Jiu-Jitsu from any claim suffered by you as a result of an act or omission by a Guest Instructor engaged by Shibusa Jiu Jitsu. We will assist to resolve the conflict or issues with the Guest, where possible.
- Your Physical Condition: You represent that you are in good physical condition and that you are unaware of any medical or other reason why you should not engage in the classes or activity you are about to commence. You maintain that such activity or training would not be detrimental to your health, safety, comfort or physical condition. Shibusa Jiu Jitsu Instructors are not medically trained and are therefore not qualified to assess whether you are in good physical condition and that you can engage in activity or training without detriment to your health. If in doubt we recommend you obtain the advice of a medical expert prior to commencing training with Shibusa Jiu Jitsu. You will refrain from training at Shibusa Jiu Jitsu and from using the facilities if you have a contagious illness, disease or other ailment such as open cuts, sores or minor infections where there is a risk, regardless of size, to other members, guests and Instructors.
- Pregnancy: should any member suspect pregnancy or become pregnant, it is their responsibility to notify Shibusa Jiu Jitsu immediately. If this applies to you, Shibusa Jiu Jitsu will require a letter authorising continued training and detailing any specific requirements or restrictions from a general practitioner, until such a time that it is recommended you do not continue to participate in training.
- First Aid: You agree that our Instructors or volunteers may provide any first aid treatment deemed necessary.
- Members assume the risk of all and any injury to themselves or their property arising out of the participation in the activities, classes and other events and activities of Shibusa Jiu Jitsu and acknowledge and agree that Shibusa Jiu Jitsu, its instructors, Members, Volunteers shall not be liable for any claim, loss, damage or injury whatsoever to person or property except where caused by gross negligence of Shibusa Jiu Jitsu. Also that we shall not be liable for any death, personal injury or illness occurring on Shibusa Jiu Jitsu premises or as a result of the use of facilities and / or equipment provided by Shibusa Jiu Jitsu, except to the extent that such death, personal injury or illness arises from the gross negligence of Shibusa Jiu Jitsu.
- You acknowledge that it is possible that whilst on the premises of Shibusa Jiu Jitsu you may suffer injuries including but not limited to: broken bones, soft tissue injuries, joint injuries etc. These may occur as a result of training, slipping on flooring, collision with equipment or other members.
- In consideration of the grant of membership to you, entitling you to engage in martial arts and fitness activities, you hereby release and forever discharge Shibusa Jiu Jitsu, its instructors, Members, Volunteers etc. from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this release arising from or in connection with your involvement in martial arts and fitness activities of Shibusa Jiu Jitsu, or being on the premises of Shibusa Jiu Jitsu, and indemnify Shibusa Jiu Jitsu to the extent permitted by law in respect to these arising as a result of or in connection with your involvement in martial arts and fitness activities of Shibusa Jiu Jitsu or being on the premises of Shibusa Jiu Jitsu and whether caused or contributed to, directly or indirectly, by any act of negligence to the fullest extent permitted by law, breach of duty, default and / or omission on the part of Shibusa Jiu Jitsu or otherwise.
Membership Term: Continuing until terminated.
PHOTOGRAPHY CONSENT AND RELEASE
I authorise Shibusa Jiu Jitsu to take or use photographs, video, or other digital media (“photo”) of me (and/or my property) and to use these in any and all media worldwide including online, now or hereafter known.
I authorise Shibusa Jiu Jitsu to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose without payment or other consideration.
I understand and agree that all photos will become the property of the Shibusa Jiu Jitsu and will not be returned.
(If you do not wish for photographs, video, or other digital media (“photo”) of your child/children or yourself to be published through our various media points, you can opt-out by writing to email@example.com .)