THE AGREEMENT.
1) MEMBERSHIP FEES.
1a) Payment Terms.
The participant agrees to pay on demand, the prescribed or stated fees for the Services provided, for the agreed term. All fees are paid on a non-refundable and non-transferable basis. If fees are paid via direct debit agreement, cancellation may require a minimum of 4 weeks notice in the appropriate form.
1b) Minimum Contract Terms & Cancellation Notice Periods For Direct Debit Membership Plans.
Any contract that you choose which states a 12 month membership is for a minimum of 52 weeks. This contract will continue until further notice is given via the applicable cancellation channels you have agreed upon, that you wish to cancel your membership.
If you wish to cancel your membership before the 52 weeks is up you will have to pay out 80% of your remaining membership. If you suspend your membership during your contract the amount of time the contract is suspended will be added to your expiration date.
Any contract that you choose which states a 6 month membership is for a minimum of 26 weeks. This contract will continue until further notice is given via the applicable online form, that you wish to cancel your membership.
If you wish to cancel your membership before the 26 weeks is up you will have to pay out 80% of your remaining membership. If you suspend your membership during your contract the amount of time the contract is suspended will be added to your expiration date.
After the agreed minimum term, the membership will continue on a month to month basis. Regular membership fees will continue to be debited as per the agreement. The terms of this agreement will continue to apply.
If a participant is released from their minimum contract term with medical or location evidence provided for under this agreement
1b.1) Upfront Membership Plans, Suspensions, Cancellations & Renewals.
Upfront membership plans are non-refundable but can be transferred. Membership transfers can not be transferred to existing TFC members.
Non-attendance is not grounds for refunds, credits or extensions under upfront membership plans.
Suspensions can be placed on upfront memberships which will extend the expiry date to account for the time suspended. Suspensions are permissible for a maximum of 12 weeks in any 12 month period with a maximum of 4 weeks per suspension request unless under special agreement.
Participants on upfront membership plans can continue to renew their plan for the original price they paid, provided that the renewal is finalised and paid in full at least 7 days prior to the expiration date of their existing plan. Failure to do this may result in an increase in fees at the next renewal.
1c) Parameters For Increase In Membership Fees.
At no time before the minimum term will TFC increase the membership fees. After the agreement minimum term, TFC may opt to increase the membership fees as necessary. If so, the Participant or Guardian will be notified and the Direct Debits will be adjusted as required without further action required from the Participant.
1d) Failed Payments & Debt.
If 3 membership fee transactions fail, upon the 4th transaction you will be provided with 30 days notice to make payment for the failed fees. During these 30 days you will still incur the applicable weekly membership fees under this agreement.
If you fail to make arrangements during this 30 day notice period the debt owing may be sent to a debt collection agency, along with any remaining amount owed on your contract term.
Additionally you may incur a penalty of up to $380.
2) THE COOLING OFF PERIOD.
2a) By signing this agreement, I understand that I, the undersigned, may cancel this agreement within 48 hours after this agreement is signed, (excluding Sundays or holidays) with no cancellation fees due.
2b) Such cancellation must be in writing sent by email to info@tfcgym.com.au. The first payment will not be refunded in any circumstance, and is applied as an administration fee as permitted under Queensland consumer law.
2c) If the undersigned misses the 48 hour cooling off cancellation period, the regular cancellation policy will apply. Equipment purchases made during this time are non-refundable.
3) NUTRITIONAL INFORMATION.
3a) Any nutritional information offered by our company is only offered as a guideline. We are not qualified nutritionists therefore can not provide individualised nutritional advice. We are not liable for any effects nutritional guidelines we offer to you may have, and we advise you to seek advice from a qualified, nutrition professional.
4) THE USE OF YOUR IMAGE IN PHOTOS OR VIDEO.
4a) By accepting these terms and conditions you are agreeing to your photo and any video you feature in being used on social media and for other promotional purposes should photos or video be captured before, during or after classes while you are on site at The Fight Centre - Brisbane.
This extends to your children if you are signing this as a parent, and further extends to any one under your care that you bring into our facility.
5) ADDITIONAL TERMS & CONDITIONS:
5a) Failure to attend classes is not notification to cancel this agreement.
5b) You are responsible for any costs of collection, including but not limited to collection agency fees, court costs, attorneys fees, and application late charges incurred for default payments, or for any damage you cause to our property.
5c) TFC may make any modifications to the class schedule as necessary. Changes to the class schedule does not relieve the undersigned of their contractual or payment obligations.
5d) TFC may close the school on national holidays, special events, maintenance or other reasons for a period not exceeding four weeks per year without affecting tuition payments/membership fees.
5e) The participant agrees not to take the martial arts training provided to the participant by TFC and engage in teaching practices at another martial arts school within 50 kilometres from TFC, for a period of three years following disassociation from TFC - unless written permission is provided by the Directors of TFC.
5f) Payment of tuition/membership fees does not guarantee rank advancement by TFC instructors.
5g) TFC is authorised to use your provided contact information such as phone, address, email for contact and billing purposes including text messages.
5h) I understand that the participant/s must attend class in a clean uniform and have the necessary protective equipment as specified by the code of conduct provided to the participant.
5i) The participant must adhere to the code of conduct for the duration of their membership at TFC, and TFC reserves the right to update this code of conduct at any time, and these updates do not give grounds for the participant to terminate this agreement unless the participant can show with evidence that the code of conduct is causing them undue harm or strain physically or financially outside of the terms of this agreement.
5j) I understand whilst in any TFC brand clothing or whilst driving with a TFC sticker on my car that I am a representation of the gym. I will represent in a respectable manner.
5k) I understand that the debit company, EziDebit will charge me a transaction fee of $1.14 per transaction. This fee is not charged by TFC, and TFC does not receive any proceeds from this fee.
5l) This agreement is legally binding. A copy of this agreement will be provided to the undersigned within 48 hours of signing this agreement, and it is the participants responsibility to review all terms and conditions.
5m) TFC reserves the right to change location of facilities and services with no less than 14 days notice, provided that the location and services are within a 15km radius of the original location at the time of a agreement being signed. A change of location does not void this agreement or give grounds for cancellation.
5n) I understand that I must book for classes on the member app and check in at reception when arriving.
5o) We reserve the right to amend our Terms at anytime. As noted above, the most up-to-date version of the Terms for this agreement are available on our website. All changes to our Terms will be displayed at the TFC reception and via our website prior to implementing the relevant changes.
6) MEMBERSHIP PLANS
6a) Classes That Apply To Kids Membership Plans
6a.1) All ‘Kids’ membership plans at TFC allow for access to the classes offered in the TFC Kids Training program, and does not permit access to classes labelled for Teens or ‘Unlimited’ memberships that are for adults or teenagers approved to train in all other classes offered outside the TFC Kids Training program.
6a.1.1) If a participant who holds a ‘Kids’ membership has been granted access to a ‘Teens’ or ‘Unlimited’ class their membership must be altered to reflect this so that their attendance, progress and rankings/gradings can be accurately accounted for. ‘Kids’ membership participants must not access a ‘Teens’ or ‘Unlimited’ class without the correct membership plan updates. Membership plan updates can be requested at the front desk or in writing via email to info@tfcgym.com.au.
6b) Classes That Apply to Unlimited Membership Plans
6b.1) Unlimited Membership Plans provide access to all classes except ‘Invite Only’, ‘Private’ and any of the TFC Kids Training Program classes. Teens class access is provided under Unlimited Membership Plans.
6c) Special Membership Plans
6c.1) The Kids Only 2-Day Pass membership option is a 6 month (26 week) minimum term that allows for access to 2 kids program classes on separate days in any 7 day period. Failure to attend 2 classes in the 7 day period does not grant access to more classes the following week or any week thereafter.
6c.2) The X-Pass membership option is offered as a Flexi membership (cancel any time with 30 days notice) as well as a 6 month (26 week) minimum term option. It is offered to participants who are only able to attend intermittently such as FIFO workers or families with children who live between homes where one parent may not be able to bring the child/children on the alternating week.
6c.2.1) TFC reserves the right to deny or withdraw the X-Pass membership option from any participant at our discretion if we believe it is not being used as it was intended (6c.2).
6c.3) The Before 4pm membership option is offered on a 6 month (26 week) minimum term and provides access to all classes before 4pm only.
6d) Minimum Term & 4 Week Notice Period
The minimum term includes the 4 week notice period, so where a participant gives at least 4 weeks notice prior to the end of their contracted minimum term they will not exceed their minimum contract term.
If 4 weeks notice is provided later than 4 weeks prior to the expiry of the minimum term period the membership will continue until the notice period is complete.