Membership Terms and Conditions

MARTIAL ARTS IS DANGEROUS The following conditions must be read carefully: 

1. Interpretation

“the Applicant” means the individual who signs this Contract and agrees to be bound by its terms and includes a guardian of that individual if the individual is under 18 years of age. 

A reference to “Martial Arts” is a reference to Chinese martial arts and includes, without limitation, modern and traditional Martial Arts of Kung Fu, Wu Shu, Sanda (Kick boxing), Fitness programs, seminars, workshops Tai Chi, Qi Gong and all related weapons.

2. Acceptance

The Applicant hereby agrees to be bound by the terms of this Contract with Hills Academy of Martial Arts and the persons named and described in Schedule 1, hereinafter jointly and severally referred to as “the providers”. The providers agree to permit me to use their premises and facilities for Martial Arts, to instruct me in Martial Arts and related activities (“the service”) upon and subject to the following terms and conditions:

(a) Membership Terms and Conditions

The Applicant will pay on demand the prescribed or stated fees for the service, the “membership fees”. Such fees may be notified to the Applicant by letter or memorandum or by notice displayed in the provider’s premises or premises occupied by the provider or verbally.

All membership fees must be paid in full as agreed. No refunds apply except as required under Australian Consumer Law.

Membership fees cover 48 weeks of training per year.

Training Centre closure periods and public holidays have already been incorporated into yearly pricing. 

Membership access is determined by the Applicant’s selected membership package, which defines the maximum number of classes per week the Applicant may attend.

Membership Fees can be paid via a Fortnightly Direct Debit Membership or by a Term Membership.

(i) Fortnightly Direct Debit Membership (FDDM)

The Fortnightly Direct Debit Membership, or “FDDM”, is calculated on 48 weeks of tuition per year and is spread over 26 fortnightly payments per calendar year. 

Direct Debit payments continue as normal during all scheduled closure periods, including two weeks in December-January and all NSW public holidays. 

The FDDM will automatically renew each year unless cancelled with 30 days written notice. Please see (iv) Membership Cancellations below.

Payments are made via direct debit through our direct debit payment provider – Educational Funding Company (EFC). Your bank statement will show “Educational Fund” or “Educational Funding”

The Applicant is responsible for all EFC Direct Debit Fees. Please see the EFC Direct Debit Request Service Agreement for all Terms and Conditions.

A $15 late fee will be added to all dishonoured debits. 

The provider reserves the right to change direct debit payment providers with 14 days’ notice in the interests of adhering to the highest level of Australian Standards.

(ii) Term Membership (TM)

The Term Membership, or “TM”, is available at discounted rates for either 6, 12 or 24 months.

To qualify for the discount, the Applicant must pay in full at the start of the membership period.

Discounts apply only when payment is made within 14 days of the renewal date upon renewal of the TM.

Family discounts do not apply to an already discounted TM.  

There are no refunds for a TM.

(iii) Membership Suspensions

FDDM and TM memberships can be suspended for medical reasons (must be supported with a valid medical certificate stating incapacity to participate) N.B. to resume participation the Applicant must produce a medical certificate stating fit to resume.

The provider may approve other suspensions in exceptional circumstances at its discretion. 

The Applicant can suspend the FDDM or TM by submitting a “Membership Suspension Request Form”. This will be provided upon request.

(iv) Membership Cancellations

FDDM and TM’s require 30 days’ written notice for all cancellations.

The Applicant must submit a “Membership Cancellation Request Form” to cancel the FDDM or TM. This will be provided upon request.

The agreed FDDM or TM fees must be paid in full to the effective date of cancellation.

The Applicant can still attend all services until the effective date of cancellation.

The provider reserves the right to recover unpaid fees owed up to the effective date of cancellation.

(v) Rejoin Fee

The Applicant agrees to pay a $99 “rejoining fee” should the Applicant cancel their FDDM or TM and decide to rejoin at a later date.

The provider may waive this fee at its discretion.

(vi) Price Increases

The FDDM and TM prices are subject to a price increase with 30 days’ notice.

The Applicant will be notified by email. 

(vii) Terms and Conditions Change

The Terms and Conditions are subject to change without notice.

The Applicant will be notified of any changes to the Terms and Conditions by email and posted on www.hillsmartialarts.com.au/terms-and-conditions/

New Terms and Conditions are effective immediately from the date of change.

(viii) Training Centre Closures

Hills Academy of Martial Arts’ training centre will be closed all NSW public holidays.

Hills Academy of Martial Arts’ training centre will be closed for a maximum of 4 weeks per year, including for two weeks in December – January each year.

These closure periods and holiday allowances are already included in membership pricing.

(ix) Class Attendance

The Applicant can attend the designated classes for their specific program only.

The Applicant may attend classes up to the maximum number of classes per week permitted under their selected membership package.

Failure of the Applicant to attend the designated classes does not relieve the Applicant of their obligation to pay for the FDDM or TM in full.

Refunds cannot be given for missed classes.

(x) Make-Up Classes

The Applicant can attend one make-up class per regular class missed, up to a maximum of two make-up classes per week, regardless of membership level.

Make-up classes are provided to support continuity of training and progression within the curriculum and are not intended to accumulate or replace regular attendance.

If the Applicant cannot attend a make-up class due to scheduling conflicts, the provider may, at its discretion, offer a 15-minute private make-up lesson before or after a regular class in place of a group make-up class.

Make-up classes must be completed within a reasonable timeframe, generally within one month, and no later than two months, and do not accumulate indefinitely.

Make-up classes are not transferable, not redeemable for cash, and are not carried forward year to year.

(b) Use of Image

The Applicant agrees that the providers may take photographs and may make video and audio material of the Applicant’s classes and events, and that these materials may be used for display, promotion and/or advertising, or sold for profit, and the Applicant hereby waives any compensation to which they may otherwise be entitled for appearing in such materials.

Photographs and Videos posted to the the providers’ social media sites become the property of the providers and the Applicant relinquishes any rights to determine the use of said photographs.

The Applicant can withdrawal consent by providing written notice to the providers.

(c) Medical Conditions

The Applicant warrants that he or she has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells and is not presently receiving treatment for any illness, disorder or injury that would render it unsafe for the Applicant to take part in Martial Arts. The Applicant further warrants that he/she has provided information on any and all pre-existing medical conditions.

(d) Exclusion of Applicant

The Applicant warrants that he or she has not at any time been excluded from Martial Arts by a medical practitioner or any person or entity including a Martial Arts club, coach / instructor.

(e) Rights of a Consumer

If the ‘Competition and Consumer Act 2010’ or similar state laws apply to this agreement then certain terms and rights may be implied into this contract which operate for the benefit of the Applicant. Under the provision of that legislation, those terms and rights, and any liability of the supplier flowing from them, cannot be excluded, restricted or modified by any provision of the contract.

PLEASE NOTE THE FOLLOWING:

If the ‘Competition and Consumer Act 2010’ or similar state laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the offerer for breach of those warranties is limited to:

(i) the re-supply of the Martial Arts instruction and related activities; or

(ii) the payment of the cost of having the Martial Arts and related activities supplied again.

(f) Waiver and Indemnity

In all other cases and except where inconsistent with the above, the Applicant for him/herself, his/her executors, administrators, dependents and other personal representatives, hereby absolves and indemnifies the providers and all their servants, agents, employees and other students or persons under the providers control (the “indemnified”) from all liability arising for injury or damage (including but not limited to the Applicants’ person, whether fatal or otherwise) however caused including by the negligence of the indemnified, arising out of or participating in Martial Arts or in connection with Martial Arts or in anyway caused by, or arising out of, any activity carried on by the indemnified.

I, the Applicant, have been advised and understand that the practice of martial arts is potentially dangerous.

I, the Applicant, agree to occupy and use the premises of Hills Academy of Martial Arts at risk to myself and release to full extent permitted by law Benjamin Copeman, Hills Academy of Martial Arts, and its agents, servants, contractors and employees from all claims and demands of every kind in of or resulting from any accident or injury or death to myself while undertaking training in martial arts with Hills Academy of Martial Arts.

The Applicant warrants acknowledges that all medical attention or treatment afforded to me by Hills Academy of Martial Arts and its representatives, volunteers and all other related members will be of first aid only, and hereby release Hills Academy of Martial Arts and its representatives, volunteers and all other related members from any liability for administering such aid.

(g) Martial Arts done at Applicant’s own Risk

Any person training Martial Arts, or in activities connected with Martial Arts or participating in any activity carried on by Hills Academy of Martial Arts are only allowed to do so on the distinct understanding that they do so entirely at their own risk.

(h) Martial Arts not to be taught by Applicant

The Applicant agrees that he/she is in no way qualified or authorised to teach Hills Academy of Martial Arts’ martial arts publicly or privately in any way whatsoever for personal, monetary or any form of gain whatsoever unless with the written authorisation of Hills Academy of Martial Arts.

(i) Agreement to abide by the Academy Rules

I, the Applicant, agree that I will abide by the Hills Academy of Martial Arts Code of Conduct and agree and acknowledge that any failure to abide by rules of the Code of Conduct may result in my expulsion from the Academy.

(j) Acceptance

Performance of the provider’s obligations under the contract may be effected by any one or more of the providers either jointly or severally.

(k) Governing Law

Any agreement entered into pursuant to this acceptance is to be governed by the laws of the State of New South Wales and the Courts of New South Wales shall have exclusive jurisdiction to entertain any action in respect of any such agreement.

(l) Statement of Understanding

I, the Applicant have read, or have had read to me the above conditions and having understood the same, I consent to the activities proposed

(m) Acknowledgment

The Applicant acknowledges that he/she has had adequate time to read and review this Contract and signs this Contract without duress

SCHEDULE 1

In addition to Hills Academy of Martial Arts, the providers in respect of this agreement include:

(a) The President, Councillors and Ratepayers of The Hills Shire Council. If a Council Hall is being hired or if not the principle representatives of the venue being hired

(b) The staff, instructors, venue providers, including but not limited to: Benjamin Copeman, and other coaches and assistant instructors.