Terms & Conditions
By taking up a membership or pricing option, or by booking or utilising our services, I/we acknowledge that I/we understand and accept the terms and conditions set out herein.
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1. Introduction
This document outlines the rights and responsibilities that you have regarding the authority of Guardian Health and Fitness Pty Ltd trading as Guardian Defence to directly debit your nominated bank account or credit card for any instalments or fees due by you under the terms and conditions stated below.
2. Parties to the Contract
“Guardian Health and Fitness Pty Ltd” trading as Guardian Defence with ACN 145 897 605 and ABN 36 912 433 073, with address 1 Joyce Court Coburg North 3058. “Training Centre” means Guardian Defence, we, us, providing the service for which the Customer is paying. “Customer” and “Member” means you, the person or party signing this Contract.
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3. Release and Waiver of Liability
I/we recognise the risks of injury that are common to any self-defence, parkour or fitness training program that my child or I participate in and I do hereby waive and release the Training Centre from and against any and all claims, actions, causes of action, damages, costs, liabilities, expense of judgments, including attorney's fees and court costs, that arise out of my participation in this program. I/we hereby execute this Waiver and Release form permitting my minor child and / or myself to participate in the Training Centre's program. I certify that I and/or my child are in good physical health and are able to undertake and engage in the range of physical activities in which I and/or my child choose to participate. I/we assume all responsibility for updating the Training Centre of changes in physical and mental condition and for reporting all injuries I and/or my child sustained at the Training Centre to the manager on duty at the time. A parent or guardian must give permission and agree to this if the member is under eighteen (18) years of age.
4. Member Responsibility
Safety is not the sole responsibility of instructors and staff. Everyone in class is responsible for their own safety and the safety of those around them.
• Members have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All members must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe.
• Members must give those who are training enough room to avoid interfering and avoid being accidentally struck by someone else practising.
• If a member notes an unsafe training situation, which may include a member performing a skill incorrectly, not being careful about others, a defect in a piece of training equipment, a potentially dangerous obstacle or condition on the floor, or anything else that may cause or lead to harm of members, instructors, staff, visitors or guests, then the member should correct the situation (such as picking up an obstacle left on the floor). If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then an instructor or staff should be notified immediately.
• The member or their guardian accepts the complete responsibility for their health and well-being and understand that the Training Centre and its leaders assume no responsibility.
• Member (if minor, parent or legal guardian) authorises the Training Centre to secure the services of physician or hospital in the event of injury or sickness. In the case of a minor, this applies if a parent or legal guardian is not available. Member (if minor, parent or legal guardian) agrees to provide payment for any and all expenses for such necessary services.
5. Parent Responsibility
As parents, I/we understand and accept that the entrustment of self-defence training skills to our children is our responsibility and we will withdraw our child from the Training Centre if, in our judgment, we believe our child is a danger to others and should not be entrusted with further training skills. Should any litigation arise from application of skills learned in the Training Centre, whether for proper or improper purposes, successfully or not, the member (and parents, if applicable) agrees to hold harmless and indemnify the Training Centre, instructors and agents.
6. Rectification of the Contract
We have five (5) days after the formation of the Contract to rectify any error or miscalculation provided in this Contract.
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7. Comfort Guarantee
At any time up to seven (7) days (“Comfort Guarantee Period”) after the Membership Application is created, you may cancel your membership without cause or reason but you must advise us in writing. We will cancel the Membership and refund to you the Membership Fee and any other amounts paid less any Registration Fee, the cost of any services already supplied at a cost of $30 per hour or part thereof, and the cost of any goods supplied, within 30 days of receipt of your cancellation notice.
8. Payment
Pre-paid Training: All purchases of pre-paid training are non-refundable.
Ongoing Memberships: You are charged fees for ongoing memberships periodically in advance, by direct debit from a bank account or credit card.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that Guardian Health and Fitness Pty Ltd will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:- (1) there is a public or bank holiday on the day of the debit, or any day after the debit date; (2) a payment request is scheduled on a day that is not a banking business day in Victoria. Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise the Training Centre to increase the amount of the payments up to 4% per annum. I/We do not require Guardian Health and Fitness Pty Ltd to notify me/us of such variations to the debit amount.
I/We acknowledge that I/we will contact the Training Centre if I/we wish to alter or defer any of the debit arrangements.
I/We acknowledge that any disputed debit payments will be directed to the Training Centre. If no resolution is forthcoming, I/we agree to contact my/our financial institution.
It is your responsibility to:
• ensure that your nominated bank account or credit card is able to accept direct debits;
• Be sure there is enough money in your account on the payment day and the next 5 days;
• Advise us if you are transferring or closing your account;
• Arrange with us a suitable alternate payment method if you wish to cancel our direct debit drawing.
• Provide us with any changes to your debit details or contact details via updating your online member profile; or by completing a Membership Amendment Form advising your requirements no less than 3 business days prior to the due date; or by contacting us via email at enquiries[at]guardiandefence.com.
• The member/addressee is responsible for forwarding all correspondence to the bank account or credit card holder.
9. Suspension of Memberships
Memberships may be suspended at any time by completing a Membership Suspension Request in writing at the Training Centre or online. The request must state a start and finish date for the suspension and must be lodged a minimum of three (3) working days prior to the start date of suspension and the first proposed reduced payment date.
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All suspensions will incur a fee of $10 per activation or extention. This fee is payable upon our acceptance of your suspension request and is non-refundable.
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Members cannot place memberships on suspension during their cancellation notice period or cancel a membership on suspension.
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Suspensions cannot be backdated.
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9A. Suspension of Minimum Term Memberships
Minimum Term Memberships can be suspended as per clause 9, however, the suspension time will extend the time taken to payout the minimum term accordingly. For memberships outside of minimum term, clause 9 will apply.
9B. Pre-Paid Class Passes
Pre-paid class passes cannot be suspended.
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10. Cancellation
10A. Ongoing Memberships
You may terminate your agreement at any time by doing so in your online account or by providing at least 3 days written notice. This notice must be emailed to enquiries[at]guardiandefence.com. Communication sent to social media accounts or via text does not qualify.
Members cannot place memberships on suspension during their cancellation notice period or cancel a membership on suspension.
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10B. Fixed Term Memberships
You may terminate your agreement before your expiry at any time. No refunds will be issued; however, you may request for an amount equal to the pro-rata dollar value of the remaining period of your membership, be applied to your member account as in-store credit for use on future purchases. In-store credit is not redeemable for cash or gift cards.
10C. Private Training
All private bookings may be rescheduled with (24) hours notice. Cancellations less than twenty-four (24) hours before the scheduled time of the session or no-shows will not be entitled to reschedule.
11. Dishonoured Payments
You will be entitled to your normal access to the Training Centre until the end of the final payment period that is paid for by the final payment. We reserve the right to cancel this arrangement if your membership fee is unpaid by your nominated Financial Institution and to arrange an alternate payment method. Members cannot place memberships on suspension during notice period or cancel a membership on suspension.
Should your payment be dishonoured, we will attempt to contact you by telephone, sms, email or mail sent to your last known address.
We, the Training Centre, may charge a dishonour fee of up to $15 for any dishonoured debit, as well as any other fees incurred by us in collecting an outstanding balance, including but not limited to, reasonable collection agency fees, court costs, reasonable attorney’s fees, and applicable late charges that may be incurred for default payments.
12. Credit/Debit Reporting Agencies
We are authorised to notify any debt collection/credit reporting agency upon default by you in regard to any obligation under this Contract. Should this occur then at our sole discretion, we may terminate your contract at which time the full outstanding balance for the remainder of the membership period, which will equal the minimum notification period, as well as any current arrears shall be due immediately in full. In addition, we may add $30 to the outstanding debt as a fee for dealing with the defaulting member. We are further authorised to add any other amount to the outstanding debt that might be reasonably incurred by us in collecting the outstanding debt. This further amount shall include the fees of the agency which the account is referred.
13. Increase in Fees and Change of Terms
We may, subject to your rights in clause 10, alter these Terms and Conditions or the Rules at any time upon thirty (30) days written notice. All use of our Training Centre and its facilities, services and products after the date specified in such notice will be subjected to such altered Terms and Conditions or Rules. If you continue to use our Training Centre and its facilities, services and products after that date, such alterations become effective or otherwise demonstrate by your conduct that you agree to the altered Terms and Conditions or Rules, you will be deemed to have agreed to the altered Terms and Conditions or Rules. If you have any questions on any proposed changes, please contact us.
14. Disputes
All disputes regarding a direct debit payment should be referred to us in person or by one of the following: Telephone: 03 9383 4848 Email: enquiries@guardiandefence.com Post: Guardian Health and Fitness Pty Ltd, 1 Joyce Court Coburg North VIC 3058 Via your nominated Financial Institution
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15. Entitlement
Provision of services provided by the Centre may change and for the purposes of this Contract is based on "entitlement" to use and not on actual use. Failure to attend class does not signify or imply notification to cancel this agreement. A Customer's failure to continue lessons during the notification or program period does not relieve the obligation to pay the remaining membership balance in full.
We reserve the right to alter the days, hours of operation and classes if deemed necessary. Such modification does not relieve the Customer of their payment obligations under any circumstances. Training Centre administrators may close the school on public holidays, for the purpose of special events, and a period not exceeding four weeks per year for necessary maintenance and other purposes without affecting scheduled membership payments. The member and co-signer agree unconditionally to pay the above membership fee without regard to the attendance made or classes missed.
For memberships limited by a set number of classes per period, you may apply for ‘make-up’ classes. However, the following restrictions apply:
• Allowed Period: Make-up classes must be taken on or before the next revision week.
• Make-up classes can only be scheduled if the Customer has informed the Training Centre of their absence before or during the week of their absence.
• The maximum number of make-up classes in each allowed period, cannot exceed the equivalent of one week’s worth of classes as allocated by the Customer's current membership.
• In all instances, the member's failure to attend scheduled lessons relieves the obligation of the Training Centre to provide classes after the teaching term end date.
Full payment of membership fees and/or assessment fees does not guarantee Rank certification by Training Centre Administrators.
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16. Training Centre Etiquette and Risk Warning
You must ensure you read, understand and abide by the rules of the Training Centre which are notified to you through signage, hand-outs, website and the student handbook. Certain areas of the Training Centre have facilities with higher risk areas. It is your responsibility to ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment. If you are in any doubt to how to correctly operate any of our facilities, services, products or equipment you should consult a member of our staff before use.
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17. Your Physical Condition
You warrant that on the date of the Contract, and on each date that you use our Training Centre, facilities, services or products, that you are in good physical condition and that you are not aware of any medical or other reason why you are not capable of engaging in active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort or physical condition.
We and our staff and contractors are not medically trained and therefore are not qualified to assess whether you are in good physical condition and whether you are able to engage in active or passive exercise without detriment to your or their health, safety, comfort or physical condition. We strongly advise that you take expert advice prior to commencing any exercise program if you are in any doubt about your ability to engage in active or passive exercise.
You further warrant and represent that you will not use the Training Centre or any of our facilities, services or products whilst you are suffering from any infections or contagious illness, disease or other ailment or whilst you are suffering from any physical ailment such as open cuts or sores or minor infections where there is a risk, however small, to other members and guests.
18. Change of Details
You must keep us promptly informed of any change of address, contact numbers, email address, bank account and credit card details for payment and any other personal information that is relevant to your membership with us.
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19. Right of Exclusion
We can refuse entry to the Training Centre or cancel your membership without warning or notice for inappropriate, disruptive, threatening or harassing behaviour, posing a risk to other customers or staff, damaging equipment or facilities, or use of illegal or performance-enhancing drugs in the Training Centre.
20. Assignment
You must not assign any rights or benefits under these Terms and Conditions unless you have obtained our prior written consent. We may assign or transfer any rights or benefits under these Contract at any time without notice to you however we will remain liable to meet our obligations to you under these Terms and Conditions and this Contract.
21. Restraint
In consideration of the Krav Maga, Self-defence and/or Parkour training obtained, members agree not to engage in Krav Maga, Self-defence, or Parkour teaching practices within a twenty (20) kilometre radius of the Training Centre, or any other training centre associated with us, for a period of two (2) years following disassociation with the training centre, without written permission.
22. Intellectual Property
These Terms and Conditions do not give you any intellectual property rights in the Training Centre, or in our facilities, services or products. Your details and information that you provide us about yourself may be retained by us on our database. You have no rights in that database. We may use such database in the conduct of our business and we may allow Ezidebit to use the database in the conduct of its business, subject to privacy and other relevant laws.
23. Provision of Service
Change of location or ownership or the name of the Training Centre does not absolve you of your responsibilities under the terms and conditions of this Contract.
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24. Contractors
Contractors and franchisees may provide services at the Training Centre. Fees for such services are paid directly to the contractors and franchisees. We take no responsibility for the fees paid to these contractors and franchisees. You hereby release and indemnify and keep us indemnified for any claims suffered by you, as a result of an act or omission by a contractor or franchisee in the Training Centre.
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25. Photography and Digital Recording
Due to licensing and child protection laws, we do not allow personal recording in any format during lessons. Digital recording of movement by any device (such as but not limited to mobile phones and digital video recorders) is strictly prohibited. Personal photograph of yourself or your own child is permitted. Distributing or posting photographs, including on any social media site or file-sharing service, containing images of persons other than that of you or your own child is strictly prohibited.
During classes or assessments, we may take photographs or recordings of you or your child. On behalf of yourself and your child, you waive all rights in relation to performance or intellectual property rights in the photographs or recordings and consent to our use of the material for our business. If you do not wish us to use this material for our business, including on our website or in promotional material, please make it known to us and we will we regret we are unable to accept your membership or enrolment.
Important Note: All persons taking or publishing photographs of children are subject to both State and Federal laws regarding the taking and use of photographs of children; to find out more please go to http://www.aifs.gov.au/nch/pubs/sheets/rs18/rs18.pdf
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26. Governing Law
This Client Service Agreement and Terms and Conditions are governed by and construed in accordance, and you agree to submit to, the laws applicable in the state of Victoria Australia.
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27. Entire Agreement
This Service Agreement Contract and Terms and Conditions constitute the entire agreement and understanding and arrangement (express and implied) between you, the Customer, and us, Guardian Health and Fitness Pty Ltd relating to the subject matter of this Contract and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.
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28. Severability
If any part of this Contract or terms are at any time held by any jurisdiction to be void, illegal, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, this does not invalidate the rest of this Contract, each provision shall be interpreted as independent and severable from each other paragraph and therefore separately enforceable.
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29. Privacy
We acknowledge and respect the privacy of individuals. The information that is being collected on this document is for the purposes of processing your membership or enrolment and financial institution payments if applicable. We, our authorised staff and contracted service providers such as financial institutions and Government agencies covered by the law, may be recipients of this information.
As a member, you will receive communication from us from time to time to update you on items relating to your membership or other similar training programs. We use a range of mediums to communicate with our members including, but not exclusive to, direct mail, email, SMS and telephone. If you do not wish to have your information contained in this document used or disclosed for this purpose we will be unable to process your membership or enrolment.
You have the right to access and alter personal information protecting yourself in accordance with the Commonwealth Privacy Act (Amended 2001). Full details of our Privacy Policy can be obtained on request at the Training Centre or at www.guardiandefence.com.
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30. Liability
To the extent permitted by law, Guardian Health and Fitness Pty Ltd shall not be liable or responsible to you for any direct, indirect or consequential injury, loss or damage whatsoever and however arising. Guardian Health and Fitness Pty Ltd are not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use the Training Centre at your own risk.
I HAVE READ AND UNDERSTAND THE RELEASE OF LIABILITY AND TERMS & CONDITIONS AGREEMENT AND REALISE THAT PARTICIPATING IN SELF-DEFENCE TRAINING INVOLVES RISK OF INJURY OR EVEN DEATH.
I ALSO ACKNOWLEDGE THAT I READ, UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED CONDITIONS OF THE AGREEMENT. I AGREE TO ABIDE BY THE RULES AND REGULATIONS OF THE TRAINING CENTRE.
I UNDERSTAND THAT THE TRAINING CENTRE HAS THE RIGHT TO AMEND THE RULES AND REGULATIONS AT ITS DISCRETION WITHOUT NOTICE TO ME, OTHER THAN POSTING IT AT THE TRAINING CENTRE.
PLEASE NOTE THAT ONLY MEMBERS OVER THE AGE OF 18 YEARS MAY USE THE FACILITY WITHOUT PARENTAL SUPERVISION.