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Terms & Conditions/Liability Waiver

1. MEMBERSHIP TERM:

The minimum term of any Membership is as set out in the Membership Agreement. Participant agrees that at the expiration of the Term unless specifically advised in writing of Participant’s wish to cancel, the Membership shall continue beyond that minimum term on an ongoing rolling monthly basis.

Membership requires 14 days written notice of intent to cancel after the minimum term is completed. Minimum weekly payments must be reached before you can cancel without additional fees.

2. PARTICIPATION WARRANTY:

1. The Participant, by entering into this Agreement, warrants that they are in good physical condition and have disclosed any medical reason or impairment that might hinder their Participation.

2. The Participant must advise Hustle Boxing of any changes which may alter any previous disclosure made in relation to their health and use of the Premises.

3. TERMS OF ADMISSION:

Hustle Boxing reserves the right to remove or refuse entry to any Participant. Without limiting Hustle Boxing’s discretion, this includes Participants who does not behave in a reasonable and respectable manner, are found to be in possession of any item prohibited by law, deemed to be intoxicated, or in possession of, or impaired due to illegal substances or any other conduct deemed inappropriate by Hustle Boxing staff.

4. COOLING OFF PERIOD:

Upon entering a Membership Agreement, the Participant will have a 7-day cooling off period within which they can cancel without penalty or reason. The period will commence at the signing of this agreement, and end 7 days thereafter.

5. BOOKING AVAILABILITY:

The Participant acknowledges that training is provided in a class style and that class sizes are necessarily limited. Booking is prioritised on a first come, first served basis and therefore space in a class is not guaranteed.

6. NO SHOW POLICY:

Member Participants agree –

1. If Participant can no longer attend a class that has been booked, and cancels at least 3 hours prior to the class then the Participant will not be charged any additional fee.

2. If Participant books a class and within 3 hours of the class commencement time cancels then the Participant will be charged an $8 late cancellation fee.

3. If a Participant books a class, has not cancelled the booking and does not attend the class, the Participant will be charged a $15 no show fee.

7. TERMS OF PAYMENT:

The Fees to be paid are set out in the Fee Structure of the Membership or Visitor Pass Agreement:

1. Non-Payment: Upon failure to make payment within 7 days of the due date, Hustle Boxing reserves the right to refuse access to the premises until all outstanding fees are paid, suspend Membership and/or terminate this Agreement. Hustle Boxing may impose a 10% interest rate on outstanding fees for the period of non-payment. The Participant remains liable for all unpaid amounts.

2. Membership fees may be pre-paid in full upon entering this agreement or can be paid through equal periodic instalments throughout the term. Period payments will be automatically debited from either your elected account or credit card on the 1st day of every month.

3. Direct Debit: The Participant will be provided with a copy of a Direct Debit Authorization Form. By nominating your credit card or account, you consent to the deduction of all fees for which the Participant is responsible for under this agreement.

4. Fees are subject to increase after the Participants selected term expires.

8. TRANSFERIBILITY:

A Visitor Pass or Membership is strictly non-transferable.

9. PRIVACY POLICY:

Hustle Boxing acts in accordance with the obligations outlined in the Privacy Act 1988 (Cth). The full policy can be accessed at www.hustleboxing.com

10. USE OF IMAGE:

The Participant understands that sometimes photos, films, videos or audio recordings will be taken of the Participant during the course of a class. The Participant consents to Hustle Boxing using their image or likeness obtained in this manner for legitimate promotional purposes, in accordance with the provisions of the Privacy Policy.

11. MINIMUM AGE:

In consideration of safety and security, all Participants must be 16 years or older. Any Participants under the age of 18 must have the express consent of a Parent/ Guardian who by signing the Agreement on their behalf, accepts its terms and on behalf of the Participant and assumes the Participant’s responsibilities under the Agreement.

12. VISITOR PASS:

Any type of Visitor Pass may not be cancelled, suspended or refunded.
Expiry – the passes remain valid for:
1. One Class Pass – 2 weeks from the sale date
2. Intro Pack (7 days) – 7 days after the sale date
3. “10 +1” Class Pack – 3 months after the sale date
4. “20 +1” Class Pack – 4 months after the sale date

13. MEMBERSHIP – CANCELLATION / SUSPENSION:

1. A 3, 6 or 12-Month Membership may be cancelled within the initial term on immediate written notice by the Participant subject to paying pro-rata 50% of the outstanding amount of the duration of the term.

2. A month-to-month No Contract Membership will auto renew on a weekly basis and may be cancelled by the participant giving 7 days prior written notice of intent to cancel by completing the cancellation form supplied by Hustle Boxing.

3. A 3, 6 or 12-month Membership that has rolled into an ongoing one-month basis may be cancelled by the Participant giving 14 days prior written notice of intent to cancel by completing the cancellation form supplied by Hustle Boxing.

4. Cancellation of a Membership for medical reasons will incur a $50 cancellation fee with no further notice. The medical certificate must state that the client cannot commence training again indefinitely.

5. Cancellation of a Membership due to relocation will incur a $99 cancellation fee with 2 weeks notice, and will require proof of new address

5. Suspension

a) A Participant may suspend his or her Membership for medical reasons upon providing a Medical Certificate. The suspension will apply for the duration of the time indicated in the Medical Certificate with a minimum requirement of 2 weeks. Upon re-instatement, the term will continue for the accepted duration of the Agreement.

b) Hustle Boxing may at its absolute discretion, which may be withheld for any reason whatsoever, grant a suspension to a Participant based on extenuating circumstances beyond a medical condition.

5. Freeze Period – Participant has the right to freeze a membership with 7 days notice (not Visitor Pass) for up to four weeks during any 12 month period or pro rata part thereof, during which time Participant will be charged $5 per week as an administration fee.

6. Extension – if a Participant has either a Freeze Period or Suspension (or both) during the initial term of Membership then the end date of the initial term shall extend for the time commensurate with the Freeze Period and/or Suspension.

14. PARTICIPANT CONDUCT:

Participant must at all times act in accordance with reasonable directions of Hustle Boxing or its instructors whilst on Premises and specifically must not engage in any inappropriate, unlawful or dangerous behaviour including threatening, harassing others, damaging equipment, distributing any illicit substances or any other conduct that is improper or harmful to the best interest of the Club or its members and visitors.

15. LIABILITY / INDEMNITY:

By entering into this Agreement, the Participant acknowledges the assumed risk of injury and waives any liability on Hustle Boxing. Hustle Boxing acknowledges that they will not be indemnified where there has been gross negligence on their part, or where services have not been provided with due care and skill.

16. INSURANCE:

The Participant acknowledges that he or she is solely responsible for the procurance of personal insurance and is liable for any costs relating to any injuries which may occur on the Premises. This excludes any injuries which are the result of Hustle Boxing’s gross negligence.

17. PREMISES CLOSURE:

Participant acknowledges that Hustle Boxing may need to close the Premises due to emergency, if required by court order or law, refurbishment or maintenance, or by election of the Hustle Boxing proprietors. If Hustle Boxing closes the Club for a consecutive period beyond 14 consecutive days then Hustle Boxing agrees to freeze any Membership and extend the Term at no cost to the Participant.

18. TERMINATION RIGHT:

1. Hustle Boxing has the right to terminate the Participant’s Membership or Visitation Pass with immediate effect upon Participant –

a) Breaching any term of this Agreement, including but not limited to Participant Conduct at item 14, that is incapable of remedy; or
b) Breaching a term of this Agreement that is capable of remedy and upon notice being provided of such breach not remedying such breach within 7 days.

2. If Membership is terminated, Participant will receive a termination notice and a refund of any unused initial term or per-paid membership fees.

19. CHOICE OF LAW:

This Agreement is subject to the Exclusive Jurisdiction of New South Wales. Its terms shall be construed in accordance with the laws of New South Wales as the proper law of this contract.

20. DISPUTE RESOLUTION:

In the event of a dispute arising in the application of the Participants Agreement, best endeavours will be undertaken by Hustle Boxing to resolve such concerns in good faith.

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