ENROLLMENT DETAILS

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Class Fee

Single Class Pass - $22.00

10 Class Pass - $200.00

20 Class Pass - $380.00

 

Expiry Term

Single Class Pass – 14 days

10 Class Pass – 90 days

20 Class Pass – 90 days

Class Credit – 14 days

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Applicable Law - NSW

 

Membership Extension Fee - $50

*Subject to change

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SUMMARY OF KEY TERMS

 

Below is a summary only – please read the full terms and conditions prior to signing

 

Cooling Off

You can cancel this Agreement within 48 hours from the Start Date by giving us written notice (see clause 3).

 

Your Safety

You agree to give us all relevant health and fitness information before or during any exercise at Movement Nation 2020. Each time you use the Facilities and Services, you must ensure you are in good physical condition, not under the influence of any substance and know of no medical or other reason why you should not exercise. If unsure, you should seek medical guidance (see clause 5).



 

Cancelling in the Minimum Term for Medical Reasons

 

You can cancel your Membership in the Minimum Term if you contract a serious illness or a permanent physical incapacity which is confirmed by a doctor we reasonably agree to, and you pay the Administration Fee being the sum equal to your Class Fees for 30 days (see clause 9.3). And you will receive a refund for reminder of your class fees within 30 days.

 

Cancelling an Ongoing Agreement After the Minimum Term

 

After the Minimum Term you may cancel on 30 days written notice (see clause 9).

 

GENERAL TERMS AND CONDITIONS

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1. DEFINITIONS

Administration Fee means the Fee payable under clause 9.3 as set out in the Details.

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Agreement means this Agreement between you and Movement Nation 2020 Pty Ltd as amended from time to time.

 

ACL means the Australian Consumer Law in the CCA.

 

Biller means our third party biller from time to time (e.g. Wix.com Ltd.).

 

Biller’s Administration Fee means the Fee charged by the Biller under clause 12.3(b) as set out in the Details.

 

Cancellation Fee means the Fee payable under clause 11.6 as set out in the Details.

 

CCA means the Competition and Consumer Act 2010 (Cth).

 

Studio means the Movement Nation 2020[KF1]  gym facility that your membership entitles you to visit.

 

Studio Rules means the rules that are referred to in clause 5.6 and annexed to this Agreement.

 

Details means the part of this Agreement described as the “Details[KF2] ”.

 

Essential Term means a term of this Agreement that is so important you would not have signed the Agreement without it. If there is a disagreement as to whether a term is an Essential Term, the matter will be reasonably determined by us at our sole discretion.

 

Facilities and Services means the Studio premises and all exercise areas, change rooms, equipment, weights, benches, machines, mats and any programs, products, classes and services that you may use at the Studio (however excluding any services referred to in clause 13).

 

Fees means the fees that apply under this Agreement as set out in the Details and referred to in clause 11.

 

Fixed Term Agreement means a Membership for a fixed period for a minimum term agreed upon with us and set out in the Details.

 

Freeze Fee means the fee payable to put your membership on hold under clause 8 as set out in the Details.

 

Member means a Studio member.

 

Membership means another word used to refer to this Agreement.

 

Class Fees means the Fees you pay to access the Facilities and Services as referred to under clause 11 and set out in the Details.

 

Minimum Age means the minimum age to become a Member and use the Facilities and Services and referred to in clause 4.

 

Minimum Term means the minimum term as set out in the Details.

 

Ongoing Agreement means an agreement that continues on an ongoing basis after the Minimum Term until terminated under clause 9.

 

Pre-Enrolment Questionnaire means the questionnaire or other screening we may require you to answer before using the Facilities and Services.

 

Start Date means when this Agreement starts as set out in the Details.

 

Special Conditions means the special conditions for Youth Members set out and referred to in clause 4.

 

Staffed Hours means the times that a Studio is staffed. These times may not be fixed and will also vary from Studio to Studio.

 

Terms means the terms of this Agreement from time to time.

 

Movement Nation 2020/us/we means Movement Nation 2020 Pty Ltd.

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2. JOINING AND ACCESS

 

2.1 When you join our Studio, you will need to give us personal information noted in the Details and provide us with photographic identification. If you join under a particular offer, such as a corporate offer, you will also need to give us proof that you are eligible for that offer.

 

2.2 On joining we will create you a member profile that will let you access and use our Studio and the Facilities and Services.

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3. MINIMUM AGE 

 

3.1 For safety and security reasons you must be at least 18 years old to become a Member. However, if you are 3 to 17 years of age, and both you and your parent or guardian agree to the Special Conditions, Youth Membership Agreement and General Terms and Conditions you may join us as a Youth Member.

 

Special Conditions: Youth Members who are 3 to 17 years of age can only access the Studio with your legal consent.

 

3.2 Your Membership may be immediately cancelled for breach if you break the Special Conditions for Youth Members.

 

4. HEALTH AND SAFETY AND ACCEPTABLE CONDUCT

 

4.1 Your physical condition

 

(a) When you sign this Agreement and each time you use the Facilities and Services, you must ensure you are in good physical condition and know of no medical or other reason why you should not attend class. If unsure, you should not use the Facilities and Services until you have sought appropriate medical guidance and been given the go-ahead.

 

(b) You agree to give us all relevant personal, health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Pre-Exercise Questionnaire. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

 

(c) You promise that information you give us will be true and accurate at all times and not misleading in any way.

 

(d) You must not use the Facilities and Services if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Members and others.

 

(e) We may suspend or cancel your Membership if we have reason to suspect that you have not complied with clause 5.1.

 

5.2 Studio Access

 

(a) You will need your booking confirmation to access Studios and each time you use the Facilities and Services.

 

(b) If you lose or forget your booking confirmation you may access a Studio during Staffed Hours if you show photo ID to Studio staff but this will be at the discretion of the Studio. You should not ask or expect another person to let you into a Studio at any time.

 

(c) You must not let anyone else into a Studio without the approval of Studio staff or let anyone else use your booking confirmation. If you break this term, your Membership Agreement may be suspended or cancelled.

 

5.3 Orientation

 

You may be required to participate in a Member orientation to familiarise you with the Facilities and Services before you use them.

 

5.4 Proper use of equipment

 

You promise to take care to use the Facilities and Services safely and properly. If you are ever not sure how to operate any equipment properly, you must ask Studio staff before you use it.

 

5.6 Studio Rules[KF4] [KF5] 

 

(a) Studio Rules (as updated from time to time) form part of this Agreement so you must make sure you read, understand and follow them at all times.

 

(b) If you break any of the Studio Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Studio Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

 

5.7 Illegal performance enhancing or other illicit substances

 

You acknowledge that the distribution or use of illegal or performance enhancing drugs/substances is strictly prohibited and promise that you will not use or distribute these substances in or near the Studio.

 

5.8 Commercial activity

 

You acknowledge that engaging in any commercial or business activities in the Studio, such as offering dancing services or selling goods in the Studio is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

 

5.9 Action for risky or inappropriate conduct

 

If we reasonably believe you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action (including suspension and termination) may be taken by us.  

 

For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Studio and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these to us.

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6 SECURITY

 

6.1 24 Hour CCTV

 

Studio premises have CCTV security cameras recording 24 hours a day (except in bathrooms) and may have remote video or other guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Studio if you have questions or concerns regarding security.

 

6.2 Emergencies

 

(a) Studios have an emergency phone, for safety and security reasons and to alert a security company in emergencies. For example, if you are, or feel, threatened or need medical help. You must understand how emergency apparatus works and agree to use it only in an emergency.

 

(b) If you deliberately use emergency apparatus inappropriately, you agree to pay for any costs, loss or damages incurred because of this inappropriate use.

 

(c) may also have an emergency or crisis response procedure displayed which must be followed in emergencies.

 

6.3 Be cautious

 

You must use the studio all reasonable care when entering, leaving a Studio and using the Studio.

 

6.4 Following Directions

 

You agree to follow any reasonable direction of a member of Studio staff relating to health, safety or security or related matters.

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7. PRIVACY

 

7.1 Your personal information

 

From when you apply for Membership, you will need to provide us with, and we will have access to personal information about you, including information relating to your health and finances. Your personal information may be:

 

1. transferred to and stored out of Australia, including to a country that does not have the same level of privacy protection as Australia.

 

1. Transferred to a related party or affiliate of ours at our discretion.

 

7.2 General consent

 

By entering into this Agreement, you consent to us collecting, using, disclosing and dealing with your personal information in accordance with our privacy policy.

 

In particular, you consent to the transfer and storage of your personal information outside Australia, and to the disclosure and use of your personal information to other Studios inside and outside Australia.

 

You can access our privacy policy at: https://www.movementnation.com.au. You can access our Biller’s privacy policy at: https://www.wix.com.

7.3 Up to date contact information

 

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

 

7.4 Consent to use your image

 

You understand that photos, films, videos or audio recordings are sometimes taken by us of Members for promotional purposes. We will provide reasonable notice if we are doing so at the Studio.

 

By signing this Agreement, you agree to allow your image, recording or likeness to be used for any legitimate and marketing purpose by us.

 

7.5 Other

 

As noted in clause 6.1, surveillance and monitoring systems are used in the Studio (except in bathrooms).

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9 WHEN YOU CAN END THIS AGREEMENT

 

9.1 Notice

 

If you need to notify or tell us anything in writing under this clause[KF9] :

 

1. you can give this to us directly at the Studio or via e-mail;

 

1. it would be useful (but not required) if you complete any standard documentation we may have such as a cancellation form and provide your membership number (if you know it);

 

1. if you do not use our standard documentation, your notice must include your name, Studio, address, phone, email, ID details and signature and explain of the notice (e.g. why you wish to cancel); and

 

1. you must also attach required relevant proof such as a medical certificate.

 

9.2 Cancellation

1. Pre-Booked Dance Classes can be cancelled/rescheduled 24 hours prior dance commencement

2. Unused Dance Packages will not be refunded

3. Movement Nation reserves the right to cancel your Dance Membership if behaviour is not acceptable or any other reason at its sole discretion. Movement Nation reserves the right to refuse future Dance Memberships to you under these circumstances.

4. Movement Nation reserves the right to change the Terms and Conditions of our Dance Memberships at any time and its sole discretion. Any changes will be notified prior to the date that it comes into effect through the email address you have provided.

5. Should you wish to cancel your Dance Membership or Pre-Booked Dance Class as a result of these conditions or a reason that has a detrimental effect on you, notification must be provided in writing as soon as possible with reasonable explanation of the reason(s) that these changes have/will have a detrimental effect. Refunds will not be provided but an extension of the Dance Membership will be offered.

 

 

9.3 Applicable Fees

 

If you cancel your Membership under clause 9.2, you will be liable for Fees incurred, i.e. your Class Fees for the time you were a Member (calculated on a pro rata basis), for services already supplied. These Fees are not refundable.

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10. WHEN WE CAN END THIS AGREEMENT

 

10.1 In addition to our other rights under this Agreement, we may cancel your Membership if you breach any obligation under this Agreement that can’t be fixed by you or if you breach an obligation that can be fixed but you do not fix it in a reasonable time.

 

10.2 If we cancel your Membership under clause 10.1, you will be liable for Fees incurred, i.e. your Class Fees for the time you were a Member (calculated on a pro rata basis), and Fees for services already supplied. We may also charge a Cancellation Fee and recover costs, loss or damages caused by your breach.

 

10.3 You promise you are not bankrupt or insolvent and are able to pay applicable Fees at the time you sign this Agreement. You agree that you will tell us promptly if you believe you will be unable to pay your Class Fees for an extended period. We may cancel your Membership if you become bankrupt or insolvent.

 

10.4 If we cancel your Membership under clause 10.3 you will be liable for Fees incurred, i.e. your Class Fees for the time you were a Member (calculated on a pro rata basis), and Fees for services already supplied.

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11. FEES

 

11.1 General

 

(a) The Fees you have to pay and related obligations are set out in the Details and under this clause.

 

(b) If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Studios and to Facilities and Services until all outstanding amounts have been paid.

 

(c) Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.

 

11.5 Class Fees

 

If this is a Fixed Term Agreement you can pre-pay your Class Fees (i.e. pay them up front) when you sign this Agreement.

 

11.7 If you do not pay a Fee when due

 

(a) If you do not pay a Fee or other amount you owe when due, we can suspend your Membership until all amounts have been paid. This is in addition to our other rights under this Agreement, including those under clause 10, other consequences may also apply with respect to late or rejected direct debit payments (see clause 12.3).

 

(b) Fees and charges continue to accrue during a suspension under clause 11.7(a).

 

11.8 Fee increases

 

(a) During the Minimum Term:

 

1. your Class Fees will not be increased (except in the case of a transfer of your Membership (see clause 11.8(c));

 

1. other Fees may, however, be varied.

 

(b) After the Minimum Term, any Fees may be increased. However, we will notify you of any increases at least 7 days prior to any such increase either by email, mail or poster displayed in the Studio.

 

12. CHANGES TO YOUR AGREEMENT

 

12.1 You agree that we may from time to time at our discretion make changes to this Agreement, including our Studio Rules.

 

12.2 We will make reasonable efforts to tell you of any change in advance and tell you when it will take effect. You agree that any notices under clause 14 may be either via poster in the Studio, our website, email or direct mail to your nominated address at our discretion.

 

12.3 You agree that the effective date of any change under clause 14 will be at least 30 calendar days from the date we notify you/post about the change unless it is not practical for us to tell you at this time. Your Membership will be amended from the effective date.

 

12.3 You cannot terminate this Agreement under this clause in the case of a transfer of your Membership or if we have to make the change to comply with a law or a direction of a relevant authority.

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13. OUR LIABILITY TO YOU

 

13.1 Statutory guarantees

 

(a) Under the ACL we guarantee that the services we supply:

 

(i) are provided with due care and skill;

 

(ii) are reasonably fit for any purpose you have told us you are using the services for or told us you wish to achieve; and/or

 

(iii) are supplied in a reasonable time.

 

(b) Under certain legislative provisions, however, we can ask you to accept some limitations to the ACL guarantees.

 

(c) If you sign this Agreement, you agree, to the extent allowed by section 139A of the CCA, to exclude or modify our liability to you for death or injury from our failure to comply with ACL guarantees.

 

(d) This exclusion does not apply if your death or injury is caused by our "reckless conduct" (as defined in the CCA).

 

13.2 Other implied terms

 

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified. Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded. In particular, but subject to clause 15.1 and 15.2, we are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law. This does not exclude our liability for reckless conduct.

 

13.3 Loss of property

 

You promise not to bring valuables into a Studio and agree that it is not our obligation to look after any personal property.

 

You are responsible for all personal property whilst at the Studio and agree to not make any claims against us. You agree to use any lockers and/or storage provided by the Studio at your own risk.

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14. YOUR RESPONSIBILITY FOR DAMAGE

 

You agree to pay for any loss or damage to the Studio or the Facilities and Services caused by you or your guests through a wilful, wrongful or negligent act or as a result of your, or their, breach of this Agreement.

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15. COMPLAINTS AND FEEDBACK

 

15.1 If you have any concerns about the Facilities and Services or anything else in relation to your Membership, you should first raise it with Studio staff.

 

15.2 If you are uncomfortable about approaching, or do not wish to approach, Studio staff, or are not happy with the response given, you may send a complaint to Movement Nation 2020 head office by email to: 2020movementnation@gmail.com .

  

15.3 Complaints will be dealt with in accordance with the Movement Nation 2020 complaints policy.

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16. GENERAL LEGAL MATTERS

 

16.1 Unexpected events

 

We are not responsible if Members cannot use our Studio because of an event caused by a natural force (such as a fire or a flood) or a road or building closure or something similar beyond our reasonable control. If this continues for more than 30 days, then either you or we may cancel this Agreement immediately by written notice. No Fees will apply under clause 19.1.

 

16.2 Severability

 

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

 

16.3 Waiver

 

If we do not enforce our rights under this Agreement at any time, it does not mean that we may not do so in future.

 

16.4 Entire Agreement

 

You agree that we have not made any representations or promises that you have relied upon that are not in this Agreement.

 

16.5 Applicable law

 

The law of the state/territory set out in the Details applies to this Agreement.

 

16.6 Assignment

You agree that we may assign this agreement, any of our rights or obligations under this Agreement to any party at our discretion and without notice to you. This includes and is not limited to your membership, membership information, personal information etc.

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17. FURTHER SAFETY MEASURES

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1. We take your safety and the safety of all of our Members and staff with the upmost importance. From time to time we may introduce reasonable health and safety measures (for example: temperature checks, mask requirements prior to accessing our facilities).

2. You agree to adhere to any reasonable safety measure we impose.

3. We will attempt to provide reasonable notice of any safety measures we impose.

4. If we implement any safety measures as a condition of entry and you refuse to comply with any safety measure, you acknowledge that we may refuse your entry into our Studio at our discretion.

5. There may be situations where you are reasonably unable to adherence to safety measure such as medical conditions. However, you must provide evidence of any special circumstance (e.g. doctors certificate). Any determination is at our sole discretion.

 

STUDIO RULES

 

1. Always follow directions from our staff.

2. Always attend classes in a safe and correct manner.

3. Always put everything back where it belongs. 

4. Always respect our staff, other members, and their personal space. 

5. Always ask if you require any assistance from our staff.

6. Do not bring valuable personal property to the Studio;

7. Do not smoke, vape or use any illegal substances in or around the Studio premises/common area;

8. Do not come to our Studio if you are sick, unwell or under the influence of any substance. 

9. Try to use deodorant where appropriate.

10. Always stay safe and have fun!

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DANCE STUDENT HEALTH WAIVERS

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1. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of any Movement Nation facilities or its services.

2. I acknowledge the Studio Owner and its affiliates

3. If I have any health or medical conditions

4. If my physical condition or physical limitations

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RISK OF INJURY AND WAIVER OF CLAIMS

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1. I assume all risks of injury and waive all rights to pursue money damages or any other relief of any kind as a result of anything occurring at or near the Studio Location.

2. In the event I am injured while on Movement Nation property or during a Movement Nation-sponsored event to Dance Class activities, I will hold harmless and release the Studio Owner, 2020 Movement Nation Pty Ltd and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or tor other relief, including but not limited to claims for contribution.

3. Unless agreed in writing by Movement Nation, I understand and agree that the Studio Location is an unsupervised fitness centre and that no employee is on site to help me use the equipment or exercise in the manner that I choose to dance.

4. I acknowledge there is possible danger connected with any physical activity (including the dangers of physical injury and death and knowingly and voluntarily waive my right to make a legal or equitable claim of any sort against Studio Owner or Movement Nation and all of their owners, employees, agents, successors and assigns from all claims of any sort for damages or for other relief.

5. This assumption of risk and waiver of liability applies to my family members, successors, heirs and assigns.

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