RONIN ACADEMY MEMBERSHIP AGREEMENT

Welcome to Ronin Academy. Please read the following terms and conditions before you sign this agreement on the cover page. Cancellation of this agreement prior to the minimum term stated herein may incur an Early Termination Fee. Following completion of the minimum term stated herein, your membership will continue until you cancel. Cancellation of this agreement strictly requires a minimum of 30 Days Written Notice, during which any fees due will continue to be debited. Credits and refunds on this agreement are subject to conditions. See below for further membership terms and conditions.

DIRECT DEBIT FEES

Direct Debit membership fees are processed by Ezypay each week or fortnight to the member and are subject to their terms and conditions.

NO TAILGATING / NO PASS BACK FOR 24 HOUR ACCESS

You may NOT allow guests, friends, or any non-member to attend the gym outside of designated class times without prior permission from Ronin Academy. You may NOT allow another member entry into the gym (Tailgating). You may NOT allow anyone to use your access to gain entry into the gym (Pass-Back). Failure to comply with these policies will be logged by our security system and you may be charged a Breach of Policy Fee.

24 HOUR SURVEILLANCE

The gym is monitored by a 24 hour recorded surveillance system. Surveillance is operated in the main gym floor areas and over external parts of the building. No surveillance is operated within change rooms. By signing this Agreement you acknowledge that you will be subject to video surveillance whilst in the gym.

LOST OR STOLEN KEYS / FOB’s

You are not permitted to access the gym during non-staffed hours unless you have authorized access from Ronin Academy. If you lose Access keys you must inform Ronin Academy immediately, and you will be required to purchase new locks and multiple keys. Should you allow access by sharing keys codes to anyone else, you will be responsible for any damage suffered by Ronin Academy.

BREACH OF POLICY

Should you breach any of these policies you may be charged a fee of $150.00 and your membership may be cancelled and subject to cancelation and administration fees. See MINIMUM TERM / ONGOING MEMBERSHIP / CANCELLATION and SUSPENSION AND ADMINISTRATION FEES.

MINIMUM AGE

All gym membership holders 17 years and under must have a parent/guardian sign this agreement. Members aged 17 years and under are not allowed access to the gym outside of staffed hours without a parent/guardian present with them at all times.

UNSUPERVISED FACILITY

Ronin Academy allows seven day access to eligible members and is accessible during both staffed and un-staffed hours. By accepting this Agreement you agree that you use the facilities at your own risk and acknowledge that the club is not supervised or staffed by Ronin Academy personnel at all times. You are required to use all safety features of the gym equipment. You are responsible for putting away all weights and equipment, wiping down equipment after use, following gym safety procedures and un-racking all weight plates. Video and Photography are not permitted within Ronin Academy without prior written consent.

MEMBER ASSUMPTION OF RISK AND RELEASE

You acknowledge that in using Ronin Academy facilities under this Agreement, you risk serious injury, from your actions or from another’s actions. You agree to release, defend, indemnify, hold harmless and insure, to the fullest extent permitted by law Ronin Academy or its successors or assigns, from any and all damages, losses, expenses or liability, resulting from or arising out of, caused by, attributable to, or in connection with your use of the equipment and or facilities at the gym or any incident that occurs while using the gym facilities or engaging in gym activities, on or off the gym premises or, otherwise related to your gym membership.

RISK WARNING

It is your responsibility to ensure that you correctly operate or use any equipment provided by Ronin Academy. If you are in any doubt as to how to correctly operate any equipment you should consult a staff member before use.

PHYSICAL CONDITION AND MEDICAL ADVICE

You warrant and represent on the date of this contract, and repeat such warranty and representation each time you use Ronin Academy that you are in good physical condition and have no medical reason, impairment or disability that might prevent you from using Ronin Academy facilities and participating in fitness activities. As such, you acknowledge that Ronin Academy, it’s staff and contractors, did not give you medical advice before you signed this agreement, and cannot give you any after you sign this agreement, relating to your physical condition and ability to use the facilities and participate in fitness activities. If you have any health or medical concerns, now or after you sign, we strongly advise that you discuss them with your health professional before using the facility and participating in fitness activities.

HEALTH AND HYGIENE

You should be clean before participating in any class. You shall not use Ronin Academy whilst suffering from any infections or contagious illness, disease or other ailment or whilst suffering from any physical ailment such as open cuts, sores or minor infections where there is a risk, however small, to other members and guests. Any person found to be affected by such aliments will be in Breach of Policy and subject to penalties.

CLOTHING

It is of great importance that all members and guests to wear suitable clothing according to the activity they are participating in. BJJ classes require rash guards or similar, other classes only require clothing that is comfortable and acceptable to be worn in a family environment, for example no clothing that would be deemed unacceptable to wear in any public area. All clothing should be clean and be free of any odor before classes.

FOOTWEAR

Footwear must be worn in the bathrooms at all times but is not compulsory for most classes. No footwear should be worn on the martial arts mats at any time except approved wrestling shoes that have not been worn outside or in the bathrooms.

SUSPENSION OF MEMBERSHIP

You may suspend your membership for a minimum of 2 weeks to a maximum of 8 weeks per 12 consecutive months. A suspension fee applies for each week your membership is suspended. Direct debit memberships will continue to debit at the suspension fee rate plus any administration fees. Any dues outstanding must be paid before suspension begins. Membership suspension for medical or emergency reasons requires supporting documentation and may be able to be extended beyond the maximum period, subject to length and severity of conditions. All suspensions must be applied for in writing or with reception at Ronin Academy and must be submitted no later than the week prior to the suspension period. No suspensions will be granted in arrears. No pro-rata of direct debits will be granted. Any suspension time accumulated during minimum term contracts will not apply toward your minimum term. No suspension times will be granted over the Christmas Break, see CHRISTMAS BREAK. Final decisions on all suspension requests will lie solely with Ronin Academy.

RIGHT OF ADMISSION

Ronin Academy reserve the right to refuse entry to any person including members, and Ronin Academy has the right to cancel your membership without warning or notice for any inappropriate behavior so deemed by staff. Including but not limited to damaging property, intimidating or harassing staff or members, and entering while intoxicated or under the influence of drugs. See also No Tailgating / No Pass-Back Policies and using the facilities.

PAYMENT OF FEES

All memberships are paid upfront in full or by weekly / fortnightly payments by Direct Debit via Ezypay. Where applicable, all merchant fees associated with EFTPOS and credit card payments may be recovered from your nominated account. If any fees are not paid on the due date, you agree that we may continue to debit the nominated credit/debit account with the total amount due without notice to you.

MONEY OUTSTANDING / NO ACCOUNT DETAILS

If any amount payable for your membership is not paid on the due date, access to Ronin Academy will be suspended until such time as payments are paid in full. You agree to pay any late fees per transaction plus any recovery costs that may be charged. You agree that any monies outstanding for other services, i.e. personal training late fees, may be debited from your authorized bank account or credit card. Where no account details are provided or debit authority is withheld, Ronin Academy will suspend your membership until account details are provided. All payments that are unrecoverable from the nominated bank account will be passed on to a debt collection agency if not paid within one month with an additional administration fee.

SUSPENSION AND ADMINISTRATION FEES

Suspension fees will be $10 per week for the length of the suspension. All administration fees will be charged at the flat rate of $25.

MINIMUM TERM / ONGOING MEMBERSHIP / CANCELLATION

Cancellation of this membership agreement prior to the minimum term stated herein will incur an early termination fee equal to thirteen (13) weeks membership dues, unless the cancellation is within (13) weeks of the minimum term the balance of the remaining term will be payable along with an administration fee. Following completion of your minimum term, Ongoing Membership will continue until you have cancelled your membership. Should you wish to terminate this membership during the minimum term, you must do so in writing or present it to the Manager. You will be given a receipt for your cancellation. Your written request must be received by Ronin Academy, along with early termination fee due, if any, before your cancellation will be processed. Cancellation strictly requires a minimum of 30 days written notice, during which time any fees due will continue to be debited. You may elect to transfer your membership agreement to someone else (administration fees apply). Should you transfer your membership within your minimum term the early termination fee will not apply to you and the member receiving the balance of your membership will assume responsibility for your member agreement. Credits and refunds are not given on this membership agreement. See REFUNDS below. Any variations to this agreement may incur a fee.

REFUNDS

All new memberships of at least six (6) months duration have a cooling off period of FORTY EIGHT (48) hours, from the start date of your membership. A request for termination of membership during the cooling off period must be made by you in writing or delivered to the Manager or sent by email for the attention of the Manager. For any membership terminated validly during the cooling off period, Ronin Academy will refund to you the total of all membership fees paid less Administration Fees and any fees for services provided by appointment (including, but not limited to, personal training, fitness programs or assessment sessions) at the relevant hourly rate for those services. Ronin Academy will refund all monies to you within 28 days of termination. There is no cooling off period on membership renewals and membership transfers.

CHANGE IN MEMBERSHIP FEES

We reserve the right at any time, after your minimum membership term, to increase membership fees charged. Ronin Academy will attempt to give reasonable written notice at least 4 weeks prior to any fee change. Should membership fees increase and reasonable effort made to provide notice, you hereby authorise Ronin Academy to increase any direct debits to your authorised credit card or bank account.

CHANGE OF DETAILS

It is a condition of this membership agreement that you keep Ronin Academy informed of any change of address, email address, phone numbers, bank account or credit card details for payment and any other information relevant to your membership.

PERSONAL TRAINING

Personal training services may be provided at the gym by employees or independent contractors. Ronin Academy is not liable in any way whatsoever for the actions or advice provided to you by any personal trainer in the gym. See MEMBER ASSUMPTION OF RISK AND RELEASE.

CHRISTMAS BREAK

Classes will not be run over a two week (approximately) Christmas and New Year period every year. Ronin Academy will attempt to give reasonable written notice at least 4 weeks prior to the specific dates of this Holiday period. All membership fees will still be due during this time and this time will count toward minimum contract dates.

OTHER SERVICE AGREEMENTS

Ronin Academy offers personal training, group fitness and other services at extra cost. These services do not form part of your Member Agreement and will have separate agreements. Any change in this agreement will not change other agreements you have with Ronin Academy.

ENTIRE AGREEMENT AND ENFORCEMENT

You acknowledge that neither Ronin Academy, nor anyone else, made any representations nor promises upon which you relied that are not stated in this agreement. This document contains the entire agreement between you and Ronin Academy, and replaces any other oral or written agreement. If a court declares any part of this agreement invalid, it will not invalidate the remaining parts, which continue unaffected. If Ronin Academy does not enforce any right of this agreement for any reason Ronin Academy does not waive the right to enforce it later.

Copyright © 2020 Ronin KAS Pty Ltd

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