MISCHA’S BOXING CENTRAL TERMS AND CONDITIONS
MEMBERSHIP TERMS AND CONDITIONS
These terms, together with any club rules and your completed Membership Application Form and Payment Authority make up all of the terms of an agreement (Agreement) between the member named in the Membership Application Form (You) and Mischa’s Boxing Central (MBC) It is important that you have read and understand all of the terms and conditions of the Agreement before accepting these Terms. If you have any questions, please ask Mischa’s Boxing Central.
MEMBERSHIP AND ACCESS
- Your membership will start on the Membership Start Date (Start Date) set out on your Membership Application Form or agreed to verbally when purchasing in person on the phone, provided that: a. You have accepted these Terms.
2. You are committed to your membership from the Start Date for a minimum of three months.
- Your membership may be placed on hold for
a desired period.
- Your membership will automatically renew unless your membership is terminated in accordance with this Agreement.
- Upon termination of your membership, all entitlements of your membership immediately cease to exist.
- Your membership is not transferable to any other person. Your membership is personal to you.
- These terms and conditions may be amended from time to time and any amendments will apply to you. Any amended or current terms and conditions can be accessed from Mischa’s Boxing Central’s premises.
- Classes and instructors are subject to change without prior notification.
- You must not: a. tamper with or damage any of Mischa’s Boxing Central equipment or property; b. rely upon any representation relating to Mischa’s Boxing Central equipment or its operation other than those contained in the manufacturer’s or Mischa’s Boxing Central instructions or manuals; c. access Mischa’s Boxing Central’s premises or use its services or equipment if affected by drugs and/or alcohol; d. exceed the recommended loads and capacity limits of
the equipment; and e. use or carry any illegal, prohibited or dangerous substances or materials on Mischa’s Boxing Central premises.
HEALTH AND SAFETY
- Exercising and use of Mischa’s Boxing Central facilities may involve the risk of injury and you acknowledge and agree that you exercise and use the Mischa’s Boxing Central facilities at your own risk.
- You are responsible
for monitoring your physical health conditions at all times and agree to exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.
16. It is recommended that you visit your doctor prior to commencing a regular exercise program. It is also strongly recommended that all Mischa’s Boxing Central members are covered by ambulance insurance. 26. If you are female and are pregnant you must notify Mischa’s Boxing Central staff immediately prior to the commencement of any classes or equipment use.
- All relevant injuries/illnesses should be declared to a Mischa’s Boxing Central staff member so that a safe and beneficial program can be offered to you.
- Please inform Mischa’s Boxing Central staff of any medical changes that may occur while you are a member of Mischa’s Boxing Central.
- No advice provided by a Mischa’s Boxing Central staff member should be taken as medical advice. Always consult a health care practitioner to determine the best course of action for you.
20. Mischa’s Boxing Central reserves the right to refuse use of the facilities at any time should it be concerned about a member’s state of physical health or the health and safety of other members.
21. You give permission for Mischa’s Boxing Central staff to seek medical assistance at your expense in an emergency if required.
- After the commitment period of three months you may terminate your membership by providing written notice to Mischa’s Boxing Central.
- Mischa’s Boxing Central reserves the right to terminate your membership immediately without warning if a member has behaved in a way that Mischa’s Boxing Central believes is risky or seriously inappropriate, such as: a. threatening or harassing other members or staff; b. vandalism or deliberate damage to Mischa’s Boxing Central property or equipment; c. non–adherence to this Agreement and/ or club rules; d. refusal to comply with the instructions of Mischa’s Boxing Central staff in relation to policy, procedures or safety; e. inappropriate behaviour towards other members or staff; or f. allowing non-members access to Mischa’s Boxing Central facilities.
- Mischa’s Boxing Central may without notice terminate your membership or refuse entry if you are in breach of this Agreement or for failure to pay any money owed to Mischa’s Boxing Central
- In the case of termination of membership for any of the behaviours listed above, no part of the funds paid to Mischa’s Boxing Central shall be refunded.
- Mischa’s Boxing Central will collect any membership fees that are outstanding when your membership is terminated. Mischa’s Boxing Central may use a third party to assist in the collection of outstanding fees.
- This Agreement and the your membership shall be terminated at the election of Mischa’s Boxing Central if provision of Mischa’s Boxing Central services is prevented by fire, flood, drought, frost, strike or other causes beyond the reasonable control of Mischa’s Boxing Central. No compensation will be provided to you in such circumstances.
- Mischa’s Boxing Central accepts no liability for any damage, loss, illness or injury resulting from the use of Mischa’s Boxing Central facilities by members or guests howsoever that may have been caused, save for death or personal injury caused by Mischa’s Boxing Central’s gross negligence.
- Mischa’s Boxing Central will ensure that the services that Mischa’s Boxing Central provides to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, unless Mischa’s Boxing Central has breached these obligations Mischa’s Boxing Central will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by Mischa’s Boxing Central to you.
- To the extent permitted by legislation such as the Competition and Consumer Act 2010 (as amended from time to time) (the Act) the sole warranties are those set out in this Agreement.
- If the services or Mischa’s Boxing Central equipment is in any way defective, the liability of Mischa’s Boxing Central will be limited to (at its election) replacement of Mischa’s Boxing Central equipment or re-supply of equivalent services or refund. This shall be the sole and exclusive remedy available to you.
- In no circumstances shall Mischa’s Boxing Central have any liability arising from or as a result of delay in provision of any services or access to any equipment to you.
- You release, indemnify and hold harmless Mischa’s Boxing Central from any liability and any claim by any person in respect of services or use of Mischa’s Boxing Central equipment whether or not the loss or damage arises in connection with any negligence, default or lack of care on the part of Mischa’s Boxing Central or any of its representatives, any misrepresentation or any other cause.
- To the extent permitted by the Act, Mischa’s Boxing Central is not liable for prospective profits or special, indirect or consequential damages. Without limiting the generality of the foregoing,
in no circumstances shall the liability of Mischa’s Boxing Central exceed the membership fee amount paid by the member. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
- You use the facilities on the express understanding that it is at your own risk.
- Mischa’s Boxing Central takes no responsibility for your personal property while on Mischa’s Boxing Central premises. You must at all times ensure that your personal property is securely locked to prevent it from getting lost, stolen or damaged.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
37. In this warning, references to “the supplier” mean Mischa’s Boxing Central, and references to “you” mean you and your child (if you have agreed to these Terms on behalf of a child).
- Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: a. are rendered with due care and skill; and b. are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and c. might reasonably be expected to achieve any result you have made known to the supplier.
- Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into this Agreement, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
- The change to your rights, as set out in this Agreement, does not apply if your death or injury is due to gross negligence on the supplier’s part.
- Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
WAIVER, RELEASE AND INDEMNITY
- You acknowledge that there are dangers and risks inherent with participating in classes and using the equipment at Mischa’s Boxing Central (including, but not limited to any activity that is performed within Mischa’s Boxing Central and any specialised classes, courses and workshops that is conducted within or external to Mischa’s Boxing Central) to which you may be exposed by accessing Mischa’s Boxing Central (Activity).
- You understand and acknowledge that the Activity involves some degree of risk of personal injury.
- You warrant that you are medically sound and hereby assume all risk of physical and mental injuries, disabilities and losses which may result from or in conjunction with your participation in the Activity.
- You agree that you are participating in Mischa’s Boxing Central’s Activity at your own risk and you voluntarily assume responsibility for any injury, death or property damage you may suffer because of your participation in the Activity.
- You agree that if you are signing this Agreement on behalf of a minor, you agree for the minor to participate in the Activity voluntarily and that you accept all responsibility for the minor’s health and any results or injuries that may affect the minor’s well-being or health in any way. You waive any claims, demands, causes of action or any claims for relief whatsoever against, and release Mischa’s Boxing Central (as well as its officers, agents, representatives, volunteers and other related members) from any and all liability, claims, and/ or causes of action that the minor may have for injuries or other damages, arising out of participation in Mischa’s Boxing Central’s Activity.
- You agree that if you are pregnant, you must seek your own medical advice before participating in the Activity and that you accept all responsibility for your health and any results or injuries that may affect your well-being or health in any way. You waive any claims, demands, causes of action or any claims for relief whatsoever against, and release Mischa’s Boxing Central (as well as its officers, agents, representatives, volunteers and other related members) from any and all liability, claims, and/ or causes of action that you may have for injuries or other damages, arising out of participation in Mischa’s Boxing Central’s Activity.
- To the maximum extent possible at law, you agree to release, hold harmless and indemnify Mischa’s Boxing Central, its officers, agents, representatives, volunteers and other related members from and against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by Mischa’s Boxing Central because of or in respect of or in any manner whatsoever arising out of or caused by your use of Mischa’s Boxing Central or participation in the Activity.
- You agree that you are using Mischa’s Boxing Central on the express condition that Mischa’s Boxing Central: a. will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to you whatsoever which may happen because of your use of Mischa’s Boxing Central facilities and equipment; and
b. will not incur or be under any liability whatsoever to you for any loss, damage or injury to
or in respect of any of your property, except as occasioned by the gross negligence, acts or omissions of Mischa’s Boxing Central or its servants, agents, contractors, or invitees.
- You recognise that there is risk involved in the Activity offered by Mischa’s Boxing Central. You accept full responsibility for any death, loss, accident, damage or injury to you whatsoever arising out of your participation in Mischa’s Boxing Central’s Activity. You agree that neither you, your family, heirs, successors, assigns, or anyone claiming any interest through you (or your minor), will bring any legal action whatsoever against Mischa’s Boxing Central, its officers, agents, representatives, volunteers and other related members as a result of any such death, loss, accident, damage or injury to you (or your minor) that arises our of participation in the Activity.
- Mischa’s Boxing Central shall have no liability in respect of failure to deliver or perform, or delay in delivering or performing, any obligations due to any cause outside its reasonable control.
52. The personal information provided by you in this Agreement will be used to process your membership application. In order to verify your personal information you may be required to provide proof of identification, such as a drivers licence. You have the right to access and correct any of your personal information that Mischa’s Boxing Central holds on you by contacting Mischa’s Boxing Central directly. Mischa’s Boxing Central does not disclose your personal information to any other organisation or person unless there is a legal requirement to do so.
- You must notify us in writing if there is any change to your membership details.
- By entering into this Agreement, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.
- Mischa’s Boxing Central’s failure to enforce any of the terms of this Agreement shall not be construed as a waiver of any of Mischa’s Boxing Central’s rights.
- If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Agreement without affective the enforceability of the remaining terms.
- You acknowledge that by participating in classes and using the Equipment at Mischa’s Boxing Central you grant permission to Mischa’s Boxing Central to use your name, photograph, image, audio recording, video recording and likeness in all forms and manner (collectively referred to as the Photos) for the purposes of advertising, media publicity, promotions, general display or for any other purposes required by Mischa’s Boxing Central. You waive any interest that you may have in the Photos now or at any future time and acknowledge that you are not entitled, nor shall in the future be entitled, to receive any payment or consideration in respect of it and agree to make no claim against Mischa’s Boxing Central in respect of using the Photos.
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