The following represents the current membership agreement between CAZA Brazilian Jiu-Jitsu (Noosa Heads) and our adult and child members.
Last updated: October 1st, 2020
Definitions
Caza, we, us, our – Caza Brazilian Jiu-Jitsu Pty Ltd.
You, Your – Means you, the member of Caza.
Agreement – Is the agreement between Caza and you under which you will be a member of Caza.
Minimum Term – Is the term specified in the agreement.
Rules – The rules regulating the operation of equipment, class schedule, behaviour within Caza and any information specified in signage and paraphernalia.
Gym – The place where you train with Caza.
Terms and Conditions of Agreement
- Agreement Formation: an Agreement arises between us once the Agreement has been signed and Caza accepts the Agreement. This Agreement will be governed by the laws of the Queensland.
- Acceptance by Caza of the Agreement: it is important that the terms of the Agreement between you and Caza are clear and for this reason, if there is any conflict between what is set out in the following terms and anything you have been advised in person or over the telephone by any member of staff, these terms shall prevail. Failure by us to enforce any of our rights at any time for any period shall not be taken as a waiver of those rights. We have five (5) business days after formation of an Agreement to rectify any miscalculation reflected within the Application and Agreement.
- Rules and Code of Conduct: you must comply with the Rules of the gym. It is the members responsibility to ensure Rules outlined in both signage and handouts are read, understood, and abided by at all times. In addition, the following will not be tolerated:
- Swearing, spitting, loud or raucous behaviour.
- Participating in training whilst under the influence of drugs or alcohol.
- Misuse or mistreatment of training equipment.
You understand that if you are responsible for any of the above, your membership may be suspended or terminated without refund.
Any equipment damages must be paid for by the Member. - Membership Entitlement: as a member you are entitled to use the facilities of Caza only during the specified class times, and only for the term of the membership subject to this Membership Agreement. Membership is based on the entitlement to attend Caza classes and facilities, not its actual use. Failure to attend these classes and facilities does not release the member from their obligations under this agreement.
- Membership Hold: Members are entitled to place membership on Hold for up to 6 weeks per annum. Caza requires fourteen (14) days notice for any Membership Hold Request. Any Hold on memberships must be made in writing to info@cazabjj.com.au, a confirmation will be sent to you upon receipt. As per Term 5 above, any member placing their membership on Hold over the Christmas period will be subject to annual member fees for the period set out in Term 6.
- Christmas Period and Public Holidays: Caza will not run classes or open the gym during the last week of December and the first week of January, nor will it open on any Public Holidays. During that time any direct debits will continue uninterrupted, and you will not be entitled to any refund or any extra benefits. Membership is for an agreed period of time (e.g. six months or twelve months), not a particular number of classes. The fees for the duration over Christmas are considered as part of your membership fee and all members must pay this fee whilst their membership is current, this includes if you are on Membership Hold during this period.
- Right of Admission: we reserve the right to refuse entry to any person, including members, and have the right to cancel your membership without warning or notice for inappropriate behaviour that may be deemed threatening, harassing or unsafe, at our discretion.
- Fee Payment: all membership fees are paid in advance. If fees are not paid by the due date, access to Caza will be suspended until such a time as payments are brought up to date. Any fees charged to Caza due to a rejection when collecting your fees will be charged directly to you. In the event that a payment remains outstanding, you agree that we may continue to debit your nominated account / credit card with the total amount due without notice to you.
- Membership in Arrears or No Account Details Provided: if any amount payable for your membership is not received on the due date or if no valid account / credit card details are provided, access to Caza will be suspended until such a time as payments are up to date.
- Pre-Paid Membership: you may choose to pay your membership in advance for a discount. In this event the terms are the same as any other member and no refunds will be given.
- Cancellation / Termination: written notice is required for any membership cancellation. This can be sent to: info@cazabjj.com.au. Any cancellations received on your payment due day will result in a payment being debited from your nominated account / credit card due to our payment system. Your payments will be cancelled on the next business day. Caza requires two weeks’ notice prior to any membership cancellation. All cancellations are subject to a $50 re-application fee if / when members re-start membership.
- Fee Increase: we reserve the right to increase membership fees at any time after the initial Term on the Membership Agreement. We will advise of any increase a month prior to the increase occurring and will provide this in writing to the most current email address you have provided to us. We will assume, after making reasonable efforts to advise you of the increase, that you accept the increase and that you authorise Caza to increase any direct debits to your nominated account or credit card.
- Alterations to Operations, Rules or Agreement: Caza reserves the right to implement any changes to Rules, conditions of membership, operation hours, facilities and services provided at any time. Caza will notify you at least one month prior to any changes, notification will be via email (to your most recently advised email address), newsletters and/or notices at our gym.
- Change of Details: members are required to keep us updated with any changes to address, email, phone, direct debit details etc.
- Seminars and Guest Instructors: From time to time Caza will bring in guest Instructors to provide their services. Any claim that arises as a result of an act or failure to act by such a Guest will be brought against and will be the responsibility of the Guest Instructor and not Caza (regardless of whether payment has been made to the Guest). Therefore, you release Caza Brazilian Jiu-Jitsu from any claim suffered by you as a result of an act or omission by a Guest Instructor engaged by Caza. We will assist to resolve the conflict or issues with the Guest, where possible.
- Your Physical Condition: You represent that you are in good physical condition and that you are unaware of any medical or other reason why you should not engage in the classes or activity you are about to commence. You maintain that such activity or training would not be detrimental to your health, safety, comfort or physical condition. Caza Instructors are not medically trained and are therefore not qualified to assess whether you are in good physical condition and that you can engage in activity or training without detriment to your health. If in doubt we recommend you obtain the advice of a medical expert prior to commencing training with Caza. You will refrain from training at Caza and from using the facilities if you have a contagious illness, disease or other ailment such as open cuts, sores or minor infections where there is a risk, regardless of size, to other members, guests and Instructors.
- Pregnancy: should any member suspect pregnancy or become pregnant, it is their responsibility to notify Caza immediately. If this applies to you, Caza will require a letter authorising continued training and detailing any specific requirements or restrictions from a general practitioner, until such a time that it is recommended you do not continue to participate in training.
- First Aid: You agree that our Instructors or volunteers may provide any first aid treatment deemed necessary.
- Indemnity:
- Members assume the risk of all and any injury to themselves or their property arising out of the participation in the activities, classes and other events and activities of Caza and acknowledge and agree that Caza, its instructors, Members, Volunteers shall not be liable for any claim, loss, damage or injury whatsoever to person or property except where caused by gross negligence of Caza. Also that we shall not be liable for any death, personal injury or illness occurring on Caza premises or as a result of the use of facilities and / or equipment provided by Caza, except to the extent that such death, personal injury or illness arises from the gross negligence of Caza.
- You acknowledge that it is possible that whilst on the premises of Caza you may suffer injuries including but not limited to: broken bones, soft tissue injuries, joint injuries etc. These may occur as a result of training, slipping on flooring, collision with equipment or other members.
- In consideration of the grant of membership to you, entitling you to engage in martial arts and fitness activities, you hereby release and forever discharge Caza, its instructors, Members, Volunteers etc. from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses however arising that you may have had but for this release arising from or in connection with your involvement in martial arts and fitness activities of Caza, or being on the premises of Caza, and indemnify Caza to the extent permitted by law in respect to these arising as a result of or in connection with your involvement in martial arts and fitness activities of Caza or being on the premises of Caza and whether caused or contributed to, directly or indirectly, by any act of negligence to the fullest extent permitted by law, breach of duty, default and / or omission on the part of Caza or otherwise.
Membership Term: Continuing until terminated.