Terms and Conditions

1. INTRODUCTION

By accepting the Terms and Conditions you acknowledge and agree to the following Agreement:

You have been given access to a copy of this Agreement and agree to abide by your obligations in it;
You are medically sound to undertake a normal course of exercise, you use the Club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities offered by Kiwan Mixed Martial Arts may pose a risk to your health; and
This Agreement also relates to your authority to a debiting agent nominated by KMMA from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms and conditions of this Agreement and/or Direct Debit Request. These terms and conditions are set out in this Agreement and can also be accessed on the website www.kmma.net/terms-and-conditions. As a member, you can use our Club in line with these terms and conditions.

2. DEFINITIONS

Kiwan Mixed Martial Arts, KMMA, We, Us, Our: Kiwan Mixed Martial Arts ABN 59 029 542 458 Compton Road, Woodridge, QLD, 4114
You, Your, Member: You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership, and includes the parent or guardian of the Member if the Member is under 18 years.
Club: Refers to any Kiwan Mixed Martial Arts club/event location your membership entitles you to visit.
Agreement: This is the Agreement between Kiwan Mixed Martial Arts and you, under which you will become a member of Kiwan Mixed Martial Arts.
Minimum Term: The term specified in the Agreement form.
Code: Code for operating equipment, opening hours and behaviour in the Club, specified in these terms and conditions, and in Club signs and handouts.
Supply Period: The supply period for an ongoing or fixed term agreement is the Minimum Term.

3. GENERAL CONDITIONS

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership.

ENTRY: Entry will be refused or you may be requested to leave the Club if:

You are using abusive or threatening language or behaving in a threatening way; or
You are under the influence of drugs or alcohol; or
You behave in another way that is considered by KMMA to be risky or seriously inappropriate.

NON-SMOKING: Our Clubs are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.

CAMERA USE: You must not use cameras in our Clubs without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.

PARKING: You park in the Club’s car park or on the Club premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.

PERSONAL TRAINING: Personal training services are available in Clubs for an additional fee. Please contact the Club for more information or see the personal training schedule on the website to make a booking.

4. MEMBERSHIP FEE INCREASE

If you have joined on a 3, 6, 12 or 18 month membership term then, after your minimum term has expired, your membership fees may increase automatically by 3% from the next direct debit date and annually thereafter without further notice to you.

5. MEMBERSHIP ENTITLEMENTS

Membership at KMMA entitles you to:

Attend classes as many times as you wish within the agreement or supply period, subject to any restrictions in your membership type.
Upon payment of the annual membership fee of $70.00, have cover under our injury insurance policy.
Participate in normally scheduled group classes. However, please note additional fees may apply for specific personal training programs or challenges.
Use equipment located in the training areas.

6. CHILDREN

Membership is permitted with the consent and signature of the minor’s parent/legal guardian and is subject to the following policy and the following general terms and conditions:

The minor must comply with all safety requirements of the Club as communicated to the member from time to time;
The minor’s membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;
Standard adult membership terms and conditions apply.

7. LEGAL RESPONSIBILITY

MEETING YOUR RESPONSIBILITIES

Your responsibilities, including payment of membership fees, do not depend on how often you attend classes.
You must tell us about anything that affects your membership, and any changes to your contact information and bank details.
You must inform us in advance and in writing if there are any risks to your health if you participate and if required, seek approval from your Doctor or General Practitioner.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Kiwan Mixed Martial Arts excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this Agreement and/or the services/products provided by Kiwan Mixed Martial Arts, and/or any act or omission of Kiwan Mixed Martial Arts.

8. OVERDUE FEES & REVOCATION OF MEMBERSHIP ENTITLEMENTS

All entitlements and entry may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.

If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:

The Club will attempt to contact you about retrying the debit.
If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply.
If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.
If unpaid fees remain outstanding and after attempts by us to rectify the arrears, your membership may be forwarded to a collection agency for further action.

9. DEBT COLLECTION AGENCIES

If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by us: you authorise Kiwan Mixed Martial Arts to notify any debt collection agency of the default in accordance with the Terms and Conditions.

10. CANCELLATION / TERMINATION

The annual insurance/membership fee of $70.00 is a separate non-refundable payment that is not a part of your payment plan agreement and will not be refunded upon cancellation of any ongoing training fee plan.

A cancellation request should be provided to the Club as follows:

COOLING OFF PERIOD

Your membership is subject to a seven (7) business days cooling off period.
The cooling off period applies to new memberships only and does not apply to membership transfers or renewals.
The cooling off period starts from the date the Agreement is entered into (the date the Agreement is signed) and ends at close of seven (7) business days later.
Your membership can be cancelled during the cooling off period by contacting us via the Club contact details as listed on the website.
All monies paid will be refunded with the exception of a reasonable administration fee which shall be payable by you.

PERMANENT SICKNESS OR PHYSICAL INCAPACITY

You may terminate your Agreement before the expiry of the Minimum Term if you are sick or incapacitated and time freeze is not a suitable option for your circumstances. You must show us a current certificate from a qualified medical practitioner stating that you cannot utilise any fitness services or facilities foreseeably because of your permanent illness of physical incapacity.

BANKRUPTCY

You may terminate your Agreement before the expiry of the Minimum Term (payment amount) if you are bankrupt and a time freeze is not a suitable option with regard to your financial circumstances. To terminate your Agreement for this reason, you must provide KMMA with evidence of a Notification of Bankruptcy from the Australian Financial Security Authority (AFSA), confirming your bankruptcy.

CANCELLATIONS AFTER COMPLETION OF MINIMUM TERM:

There will be a period of notice of 30 days, from the date of cancellation request to the date of termination, during which any payments that fall due must be paid in full.

The notice period will exclude freeze or payment break time applied to your membership.

Any instalments/fees due at the date of termination (including instalments/fees which fall due during the notice period) will remain a debt owed to and recoverable by Kiwan Mixed Martial Arts.
You shall not consider that your Agreement has been terminated until such time as this is confirmed in writing to you by Kiwan Mixed martial Arts (not more than 14 days after the termination date). Termination of your Agreement will also terminate the Direct Debit Request Authority.

ONGOING MEMBERSHIP AGREEMENTS:

If your contract is designated as an ‘ongoing membership’ on the front page you acknowledge that unless you provide notice of termination of your membership prior to the end of the minimum period your membership fees will continue to be deducted until you give us 30 days notice of your intent to end your membership.
If your contract is designated as a ‘fixed term membership’ you acknowledge that it will terminate at the end of the term displayed on the contract unless you renew prior to that date.

CANCELLATION FOR ANY OTHER REASON (within Minimum Term):

You may terminate your Agreement before the expiry of the Minimum Term (or payment amount) if all instalments and fees due up to the date of termination are paid and the relevant cancellation fee is paid in full at time of cancellation request. The cancellation fees for all membership options are as follows:

If there is 12 months or more of membership fee equivalent remaining on the Minimum Term of the Agreement = $295.
If there are less than 12 months but more than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $245.
And, if there are less than 6 months of membership fee equivalent remaining on the Minimum Term of the Agreement = $195 OR the amount of the future membership fees payable whichever is the lesser).

You can cancel your membership by:

Contacting the Club in writing: refer to the website for contact details.
Confirming your request. When you do this, please always:

Give us your email address so we can confirm your request in writing; and keep a copy of your request.

You may be liable for further damages for breach of contract if you terminate the Agreement in a manner not described in the Agreement.

TERMINATION BY THE CLUB:

The club reserves the right to terminate this Agreement in any of the following circumstances:

You fail to abide by any of the criteria listed in the conditions of entry after being notified of any failure;
You fail to abide by the obligations listed in this Agreement and the breach/non-compliance is incapable of remedy or you fail to remedy the breach/ non-compliance within 14 days of being notified by Kiwan Mixed Martial Arts or you continue to breach this Agreement;
If we reasonably believe that you have engaged in conduct that infringes on the health, safety or wellbeing of any other members or staff;
The temporary or permanent closure of the Club where a suitable replacement club is not available for the membership to transfer; or
To protect the health and safety of you or other members.

In the event of a termination under this provision and where appropriate, KMMA will refund to you a proportion of fees paid under any Upfront Membership representing the unused portion of the Agreement less any applicable cancellation fees.

TERMINATION BY THE MEMBER

Members are permitted to terminate this Agreement, without incurring a cancellation fee, in the following circumstances:

Where these terms and conditions are varied in accordance with clause 15 or a club code is changed and you are adversely affected by the change. For the avoidance of doubt however, changes to club timetables, facilities, equipment and hours of operation do not permit you to terminate this Agreement under this clause.
If we breach our obligations to you and we do not fix the breach in a reasonable time after you have told us about it in writing. We will refund you any membership fees you pay between the date of notification and the date on which we decide that we cannot fix the breach.
Where there is a permanent closure of the Club where a suitable replacement club is not available for you to transfer.

11. MEMBERSHIP FREEZE

You can freeze your membership for a minimum period of 2 weeks, up to a maximum of 4 weeks each calendar year at a cost of $5.00 per week (unless a different fee is specified on the front of this Contract).

You must first contact Kiwan Mixed Martial Arts at least 3 days prior to the start date of the freeze.
Before freezing your membership, you must make sure your fees are up to date and there are no arrears outstanding on your account.

Please note that if you are within your minimum term, any time freezes are not classified as a full payment toward your contract and so your Minimum Period will be extended by the length of any freeze.

Note that we cannot backdate any time freeze requests. You must request a freeze three days prior to the start date of the freeze.

TIME FREEZE FOR CLUB CLOSURES

If we are required by the state or federal government to temporarily close our clubs in your local State (Closure Period), we will freeze your membership for that Closure Period. If this occurs:

You are entitled to request cancellation of your membership during the Closure Period (applicable cancellation fees will apply) but processing of the cancellation may be delayed until after the Closure Period has ended.
Please refer to section 10 regarding the terms that apply to cancellation of your membership.

In addition, if the Club is closed for a period of more than one week (e.g. due to refurbishment) and there is no suitable alternate club available for you to use then you may request that your membership be frozen until the Club re-opens (Closure Period).

Any membership freeze which occurs as a result of a Closure Period does not count as part of a member’s Minimum Term/ Supply Period.

Unless the law requires otherwise, membership freezes which occur as a result of a Closure Period are not classified as a full payment toward your contract ,and will incur a fee of $5 per week which will afford you ongoing access to the digital tools offered by KMMA.

12. TRANSFER

You cannot transfer your membership to another person.

13. ADDITIONAL SAFETY MEASURES

From time to time, we may introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other members and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the Club at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).

14. PRIVACY POLICY

Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Kiwan Mixed Martial Arts in accordance with the provision of our Privacy Statement.

The Kiwan Mixed Martial Arts Privacy Statement can be obtained from its website: www.kmma.net/privacypolicy

MARKETING PERMISSIONS

We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.

KMMA will use the contact details you have provided above to contact you about your membership. KMMA will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS.

15. ENTIRE AGREEMENT

This Agreement and its Annexures, and the DDR Service Agreement (if paying by Direct Debit), and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Kiwan Mixed Martial Arts in relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

KMMA