SHAPEHOUSE Terms, Conditions & Sparring waiver
Membership Application Form means the form on the cover of these terms and conditions detailing the commercial terms of Your membership;
Membership Fee means the amount or amounts payable under the Membership Agreement;
The Shapehouse, We, Us, Our means Drivas Industries Pty Ltd trading as Shapehouse;
You, Your means the individual completing the Shapehouse membership form.
- Whole agreement
The Terms and Conditions detailed in this document constitute the full and entire understanding and agreement between the parties. Any prior engagements, representations or undertakings (whether written, oral or implied) are superseded by this agreement.
- Membership / Session Fee
- We agree to provide You with entry to the Shapehouse and to access the classes or private lessons (as specified in the Membership Application Form) at Shapehouse and You agree to pay the Membership / Session Fee to Us as consideration for entry to The Shapehouse and access to the classes or private lessors.
- Membership / Session Fee is personal to You and is not transferrable unless We permit the transfer of membership.
- Membership / Session Fees are non-refundable.
- We reserve the right to refuse entry and/or continuity of membership in Our sole discretion at any time.
- Your obligations
You agree to:
- Pay any charges in relation to the membership / Session Fee.
- Comply with all provisions of this agreement and Our rules, policies and procedures.
- Use the equipment and facilities in accordance with all usage instructions and in the manner for which they are intended. If You are unsure how to use a piece of equipment You must seek the advice of a staff member.
- Conduct yourself in a manner so as to not interfere with other members’ use or enjoyment of the Shapehouse and its facilities.
- Guarantee that on the day You sign this agreement and each time You use Our facilities or join a session that You are in good physical condition and that You know of no medical or other reason that my damage Your health, safety, comfort or physical condition.
- Cease using The Shapehouse facilities if You are suffering from an infection, a contagious illness or a physical ailment that may prevent You from exercising safely or that may put other members at risk.
- Access the Shapehouse website (Site) App and booking system in accordance with our rules and procedures and agree not to misuse the Site.
- Payment of Membership Fees
- Membership / Session Fees are payable each week in advance via Website or Direct transfer..
- We will charge a late payment fee of $15.00 for any failed payment. This will be debited from Your account, and You authorise Us to do this.
- Membership / Session Fee increase
- We reserve the right, at any time to change the fees charged.
- Cancellation by You
- You can cancel Your Session within 2 hours prior to your session starting, canceling within 2 hours prior may incur full payment of the session.
We may, at Our option, terminate Your membership / session , effective on the date We email or mail a written notice to Your last known address, if:
- You fail to make timely payments under any payment plan; or
- Any payments or fees are late; or
- You fail to follow any of Our rules, policies and procedures or violate any part of this agreement; or
- Your conduct is improper or harmful to the best interest of The Shapehouse or its members.
- You use the Equipment and services provided by Us at Your own risk and acknowledge that the use of the facilities and access to the classes and private lessons may involve risk of injury, whether caused by You or another party due to the specialised form of classes and private lessons run by The Shapehouse.
- You release, to the fullest extent permitted by law, Us and any of the supervisors, trainers and staff of The Shapehouse against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person.
You indemnify Us against and from all expenses, damages, costs, liabilities, claims, actions, proceedings, judgments and losses of any kind whatsoever that We incur arising out of, caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person caused by You at or in the Shapehouse or in the vicinity of the Academy.
10, Liability for property
We are not liable to You for any personal property that is damaged, lost, or stolen while on or around the Shapehouse.
11, Minimum age
- You must be a minimum of 5 years of age.
- If You are under 18 years of age You must have a parent or guardian co-sign this agreement.
- If You are under the age of 16 you are not permitted to use the functional training area without Our consent or supervision.
- We will not be liable if you use the functional training area without Our consent or supervision. You and your parent or guardian acknowledge and accept full responsibility.
12, Governing Law
This Agreement is governed by the laws of the State of New South Wales. The parties submit all disputes arising between them to the courts of the State of New South Wales.
The parties agree that any Goods and Services Tax under A New Tax System: (Goods and Services Tax) 1999 (the GST Act) will apply to any supply under this Agreement. The Supplier agrees to pay to the Seller at the same time as the price, the Goods and Services Tax (GST) payable under The GST Act on the price or other consideration, and will indemnify the Seller in all respects for such payment. The Seller will provide a Tax Invoice stating the GST at the time of supply.
14, Contact & sparring waiver
I fully understand that I will engage in some form of sparring at Shapehouse. I fully understand that sparring is most definitely a contact activity, and I also fully understand that not only will I punch, kick, and grapple, but will also be punched, kicked, and grappled. I understand that it is not only possible, but highly probable that I will get injured participating in sparring at Shapehouse or I may injure others. I fully understand that sparring will involve physical contact, and controlled violence. Given that I am familiar with the given inherent violent nature of sparring as a means of putting the skills learned in class to the test, developing an extreme sense of self-confidence, overcoming fear, as well as many other positive goals, I agree not to hold Shapehouse, their directors, managers or any instructors, agents, or employees of Shapehouse liable for any injuries, illnesses, or any other physical, emotional, or mental conditions occurred before, during, or after sparring at Shapehouse. Conditions included, but not limited to that I release Shapehouse are: sprains, strains, broken bones, head trauma, dental injuries, asthma attacks, post traumatic stress disorder (or any other such mental disorders), concussion, eye injuries, nasal injuries, ear injuries, gonad injuries. By signing this waiver I release Shapehouse of any/all liability for any physical, mental, emotional trauma caused by any sparring, or any training done at the Shapehouse. Here at Shapehouse we strive to teach you the very best techniques and training methods to grow and enjoy your training. Mouth Guard & Head gear are mandatory to be wore during sparring & all forms of body armour are also recommended to be used.