ASCEND TERMS AND CONDITIONS

TERMS & CONDITIONS:

To ensure that Ascend Martial Arts can provide a safe and comfortable environment for all members and staff, please review the following Agreement and only agree to this form if you are willing and able to comply with all of the terms set out below. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

INTRODUCTION:

By agreeing to this Agreement you acknowledge:

You have been given a copy of this Agreement and agree to abide by your obligations in it,
You will also be expected to agree to a waiver related to your chosen activities,
You are medically sound to undertake fitness activities and do so at your own risk,
You are aware that exercise is physically demanding and may pose a risk to your health,
You are obligated to inform management at Ascend if your medical situation changes,

DEFINITIONS:

Ascend, Ascend Martial Arts, We, Us, Our: Ascend Martial Arts - ABN: 15 755 606 297
You, Your, Member: The person which is being bound by this Agreement
Agreement: This document labelled Ascend Terms & Conditions

MEMBERSHIPS:

Our Membership options are made available on our website and are listed as their GST inclusive price. In some instances, our prices are listed without GST included, however you will always be shown the total price inclusive of GST at our checkout. All memberships will allow for the participation in group classes, with varying quantities and class types available based on your membership.

TRIAL MEMBERSHIP:

At Ascend we offer trial memberships where you can experience all of our services for a reduced or zero cost. During this period, you will still be treated as a full member and be expected to follow all of the terms set out in this Agreement, as well as any other terms set out in subsequent contracts and other agreements that you have signed.

CASUAL TRAINING:

Casual passes for single classes are available for all classes except sparring and rolling. You will still be held to the same standard and expected to follow the same rules as regular members. Failure to do so will potentially result in you being banned from attending future classes.

FEES:

Fees for all memberships will be collected weekly and will be debited from your nominated payment option. All fees are subject to change, however you will be given a minimum of four (4) weeks notice before any fee changes become effective.

CHANGING YOUR MEMBERSHIP PACKAGE:

If you wish to reduce your membership package, you will be required to provide two (2) weeks notice before the change will come into effect. If you wish to upgrade your package, it will be processed on the date of your next payment.

FREEZING A MEMBERSHIP:

You may freeze your membership for up to two (2) weeks without a medical certificate either by contacting us directly or by going through your profile on the app. Whilst your membership is frozen, payments will be suspended, and your membership benefits will be temporarily revoked. Your membership may be frozen for longer than two (2) weeks with a medical certificate that stipulates a time frame in which you are unable to utilise our service.

CANCELLATIONS:

Memberships are not bound by any minimum period, however all cancellations will require two (2) weeks notice. During the two (2) weeks after you have given notice, you will still be debited for your membership and you will still receive all the benefits of your membership until the two (2) weeks have elapsed. The notice period will always begin on the day of your next payment following your written notice. You may not freeze your membership during the notice period. You may not cancel your membership whilst your membership is frozen.

COOLING OFF PERIOD:

For new memberships only, there is a seven (7) day cooling off period in which memberships may be cancelled without incurring a required two (2) week notice period, and all monies paid will be returned with the exception of the setup fee. The seven (7) day period will be calculated from the day that you establish your contract with Ascend.

OVERDUE FEES:

Fees are to be paid weekly through your nominated method. If you fail to make a payment, you will be given seven (7) days to resolve the overdue fees, and during this time your membership benefits will be revoked. If you fail to resolve the issue within seven (7) days, you authorise Ascend to notify any debt collection agency. We will contact you if there is a discrepancy with your regular payments before escalating. If you expect to miss a payment, please notify us in advance.

OPEN GYM/MAT ACCESS:

If your membership stipulates that you are allowed to access the gym or mats during opening hours, it must be done so with the following considerations:

You acknowledge and accept that you will be training without direct supervision from a coach/instructor,
You will abide by all safety precautions as stipulated by your trainers, and comply with any instructions given to you by staff,
You will share the space with other members who equally have rights to use the facilities,
You will not behave in a manner that would intentionally pose a threat to others or yourself,
You will not behave in a manner that would cause others to be physically or emotionally distressed, and
You will not undertake any actions that may bring Ascend Martial Arts into disrepute.

You also acknowledge that your access to the gym/mats will only extend to opening hours, which will always be subject to change, and that you may only use areas that are not currently being utilised for scheduled classes.

GENERAL CONDITIONS AND CLUB CODE OF CONDUCT:

To assist in ensuring the comfort and safety of all staff and members, the following rules and conditions apply:

Entry: Entry may be refused or you may be asked to leave the premises if:

You are using abusive or threatening language or behaving in a threatening way,
You are under the influence of drugs or alcohol,
You provide unauthorised instruction to other members,
You behave in any manner that we would consider risky or inappropriate,

Hygiene: It is an expectation that you will shower before every class and bring a change of clothes if you plan to stay for consecutive classes. You will be expected to manage body odour with deodorant and soap, and your clothes should be clean. Repeated disregard of staff requests for you to improve your personal hygiene may result in termination of your membership.

Non-Smoking/Vaping: Our club is strictly non-smoking/vaping and smoking/vaping will not be permitted within or directly outside our premises.

Suitable Clothes: All members must wear the appropriate clothing for the activity they are participating in, which is as follows:

BJJ - A rash guard and BJJ or MMA shorts for no-gi and an approved BJJ Gi for Gi classes.
Muay Thai - Athletic shorts without pockets or MMA/Muay Thai shorts and an athletic shirt or singlet.
Karate - An approved Gi suitable for Karate.
MMA - Athletic shorts without pockets or MMA shorts and an athletic shirt or rash guard.
Fitness Classes - Any athletic clothing and appropriate, fully enclosed athletic shoes.

Towels: You are required to bring a clean towel to all classes and use it where necessary to protect equipment and remove your own bodily fluids from surfaces and equipment.

Camera Use: You must not take photos or use cameras in the premises without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.

Parking: Parking your car in the car park outside our building is done so at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

USE OF EQUIPMENT:

If your package permits you to use a space outside of scheduled class times, you must adhere to the following rules:

All equipment should be returned back to where you originally got it from,
All weight plates should be unloaded after using any bars or machines,
Adhere to safety instructions either given by staff or written on equipment,
If you are not sure how to use a piece of equipment, you should seek assistance from staff,
Equipment must not be intentionally damaged or removed from the building,
If you notice that equipment is damaged or unsafe for use, you must notify staff immediately,
Equipment such as benches should be covered by a towel before you sit on them.

STORAGE OF PERSONAL ITEMS:

Items left in personal storage shelves are placed there at your own risk. We are not responsible for any theft, damage or loss of personal property that occurs on our premises. Tampering with other members personal property will not be tolerated, and will be grounds for termination of your membership.

CHILDREN:

Children under the age of 16 are not permitted to use the gym or mat spaces unless they are doing so in a scheduled class or as part of a personal training session. Children older than 16 may use the gym and mat spaces if their membership allows and their parent/guardian has given them explicit permission to do so. Children who are permitted to train at Ascend will be considered as the bound individual to all contracts and waivers signed by their parent/guardian in their name, and will be subjected to all outlined terms and conditions as an adult would.

LEGAL RESPONSIBILITIES:

You have several responsibilities when training that include but are not limited to:

Paying your weekly membership fees and honouring all contracts,
Informing us of any changes that may affect your membership, or ability to train,
Informing us of any changes to your health that may impact your ability to train,
To the best of your ability, act safely and responsibly at all times,
Identify your own physical limits are make staff aware of any significant changes to your health while training,
Make sure you understand all instructions given to you, and ask if you need clarification,
Treat staff, members and visitors with courtesy and respect.

DAMAGE & PERSONAL INJURY:

Being of lawful age and in consideration of you or others in your care being permitted to participate in training, you release and forever discharge Ascend and their spouses, heirs, executors, administrators, legal providers and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of injury to person or property, including injury resulting in your death or death of those in your care, which has been sustained or may have been sustained as a result of your participation or participation of those in your care in training, and notwithstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of Ascend.

SPARRING/ROLLING:

Sparring and rolling is an activity that is designed to allow our members to practice their competition skills in a safe environment. It is expected that the following rules are abided by at all times:

Everyone will be courteous and respectful to everyone else at all times,
All members must abide by the most current Ascend rules for sparring/rolling,
If you are unsure of the rules, you must ask a staff member,
You will not spar outside of scheduled sparring/rolling classes,
You will listen and adhere to all instructions given by monitors and staff,
You understand that sparring/rolling is a cooperative activity and not a competition,
You will respect your training partners wishes and not use more force than they approve and not use any techniques that they ask you not to use,
You will above all else, strive to ensure the complete safety of yourself and your training partner during every spar/roll.

PHYSICAL CONTACT:

Martial arts is inherently physical and forceful by nature, however there are rules at Ascend to ensure the physical and emotional wellbeing of our members which must be followed:

Any techniques used must be done with control and consideration for the safety of those around you,
Any physical contact with another person must be strictly necessary for the technique or drill being practiced or learnt,
Any physical contact must be appropriate, and you must respect the wishes of your training partner if they do not want to be touched,
If your training partner does not feel comfortable performing a certain technique, you must respect their wishes,
You must respect the level of force that your partner is comfortable with you using, which also includes any techniques done on equipment such as thai pads and focus mitts.

TERMINATION BY ASCEND:

We reserve the right to terminate this Agreement and any contracts that you are apart of in any of the following circumstances:

You fail to abide by any of your obligations in this Agreement or other contracts that you are a part of after being notified of your initial breach of conduct,
If we reasonably believe that you have, or are likely to, engage in conduct that infringes upon the health and safety of any other staff, members or visitors,
If you fail to abide by any repeated verbal instructions given to you by staff,
Ascend is no longer able or willing to operate in part or entirety,
To protect the health and safety of you or other members,
If a revision of this Agreement is made that you refuse to agree to.

SURVEILLANCE:

You understand and agree that any and all parts of the building may be under 24 hour surveillance, and that all footage will be kept securely for the purpose of safety and crime/misconduct prevention.

REVISIONS:

You understand and agree that we may make revisions to this Agreement at any time, and to continue any memberships that you currently have with Ascend, you will be required to agree with the new Agreement. New Agreements will impact only your consent to this particular Agreement and will not impact any other waivers or contracts you have with Ascend. If you refuse to agree to any new Agreements, your membership will be terminated immediately and you will cease payments immediately.

ADDITIONAL REQUIREMENTS:

You understand and agree that staff at Ascend may provide to you further instructions or stipulations that may not be written into this Agreement, and that your membership may be reconsidered if you fail to abide by these instructions.

Ascend may collect information from you which includes but is not limited to your name, address, birthdate, credit card details, bank details, medical history, emails and phone numbers. Any information we collect from you is strictly necessary for the conduct of business. At no point will Ascend disclose your personal information to other parties without your expressed consent. Ascend may use photos or videos of you in social media posts or marketing campaigns without obtaining your prior permission. If you do not wish for your likeness to be used in any social media or promotional material for Ascend, then you can notify us and we will not use your likeness in any future material.

SEVERABILITY:

If any provision of this Agreement is prohibited, invalid or unenforceable, that provision will be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision, unless it materially alters the nature or material terms of this Agreement.

FULL AND FINAL SETTLEMENT:

This Agreement and its Annexures, and any Special Terms & Conditions listed on our website constitute the entire agreement, understanding and arrangement between you and Ascend. The subject matter of this Agreement supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

Last Modified: 22/03/2023