Membership Terms

1. Origem BJJ complies with the “NSW Fitness Industry Code of Practice” (the “Code”). The Code has been made available to you and this membership is offered under the provisions of the Code.

2. Origem BJJ reserves the right to change conditions of Membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion and without prior notice to the Member. Any such changes will be notified to you through either a newsletter published from time to time, the website, notices in the academy and/or mailing / emailing to your last known address.

3. You are bound by and have to uphold the “Rules and Regulations (Guidelines)”. You have been provided with a copy of the current Guidelines. The Guidelines may be changed or updated by Origem BJJ at any time at its sole discretion and without prior notice.

4. It is your responsibility to ensure that you correctly operate any academy facilities or equipment. If you are in doubt as to how to correctly operate or use any academy facilities or equipment, you must consult an Origem BJJ staff member for assistance.

5. No one has made any representations (whether verbal or written) to induce you to enter this Agreement and that no verbal agreements or understandings have been made with Origem BJJ unless as set out in this Agreement.

6. You must inform Origem BJJ of any change in your contact details, bank accounts or credit card details for payment, or any other information relevant to your Membership.

7. You have been given the option of choosing a membership based on a fortnightly billing agreement.

8. Any free membership time cannot be applied towards membership minimum term.

9. Check in and out must be done at reception prior to entry into the academy. Entry will not be permitted without a current membership.

10. Guests of members will be charged a Casual Membership Fee and must complete the Guest Register on arrival at each visit.

11. On joining, a photograph of you is required to allow Origem BJJ to verify your identity each time you enter the academy.

12. A joining fee of $200 is applied to the first payment and includes giving you a white Origem Gi and one rashguard which is no belt colored one. It does not include a belt.

13. You will receive marketing correspondence via electronic transmission on regular basis which may include (but not limited to) newsletters and promotional material. You may unsubscribe at any time.

The Rules and Regulations, and the interpretation thereof, are subject to change at management discretion. Members should ensure that they are familiar with the current Terms and Conditions which can be found online.

Cooling-Off Period

14. Where you have entered into an Agreement for a Minimum Term, there is a seven (7) day Cooling-Off Period that begins on the (Join) date the agreement is signed (not applicable to transferred memberships), during which time you may terminate your Membership by delivering written notice to Origem BJJ. The following charges will apply;

(a)The cost of services provided by Origem BJJ to you during this Cooling Off Period. Kimono and rashguard aren't refundable and returnable if they had been used and;(b)An Administration Fee of $55.00.

Minimum Age

15. Membership is limited to persons who are at least 14 years of age.

16. Members less than 16 years of age must be supervised by an adult when using gym facilities. If you are under 16 years of age, your parent or guardian must complete your Pre-activity Readiness Questionnaire.

Time Freeze

17. Time Freeze is granted on written application for MEDICAL, PREGNANCY and BUSINESS RELOCATION reasons for a minimum of two (2) consecutive weeks and fortnightly blocks thereafter up to a maximum of twenty-six (26) weeks within a 12 month period (based on membership effective date). The Freeze request must be accompanied by a doctor’s certificate (medical/pregnancy) or an employer’s letter (business relocation) at the time of the Freeze request. For all other reasons, Time Freeze is granted on written application for a minimum of two (2) weeks and fortnightly blocks thereafter up to a maximum of twelve (12) weeks. Requests for Time Freeze must be submitted to Origem in writing no less than 72 hours prior to the commencement of the Freeze. Members may not train in the academy during the period of their requested Time Freeze. A Time Freeze Fee of $10.00 per fortnight will be charged during any such Freeze period. Members with pre-paid memberships are required to settle Freeze Fees at the time of submitting their Request to Freeze. The Minimum Term Agreement will be extended by the period of the Time Freeze, therefore the member will be obliged to pay the minimum term agreement amount in addition to the Time Freeze period. Where the time freeze exceeds the 2 week minimum membership dues will be adjusted (pro-rata) for members returning to the gym prior to the completion of their Time Freeze. For members returning to the academy earlier than the minimum two week freeze period, your freeze will become void and full membership dues will be charged. Time freeze cannot be applied during free time periods received from marketing campaigns. When returning to the gym at the completion of a Membership Time freeze for medical reasons, members acknowledge that they are returning to exercise at their own risk.

Cancellation of Membership

18. Your Membership may be cancelled by Origem BJJ if you do not adhere to the Guidelines, or your behaviour in Origem BJJ is not acceptable or for any other reason that the management of Origem BJJ decides is appropriate. Origem BJJ reserves the right to refuse future Membership to you in these circumstances.

19. Except where set out elsewhere in this Agreement, cancellation within the Minimum Membership Term is only permitted by payment of a departure fee based upon the remaining period of your Minimum Membership Term. On a regular membership 50% of remaining membership fees is payable plus $110 administration fee.

20. The fortnightly debit automatically continues after the end of the Minimum Membership Term, unless your membership is cancelled four (4) weeks prior to the end of your Minimum Membership Term or anytime thereafter by notifying Origem BJJ in writing of your intention to cancel. Membership will then be cancelled after two (2) further FULL fortnightly payments.

Transfer of Membership during minimum term

21. If you become unable to complete your Minimum Membership Term, you may transfer the Membership to a third party (as sourced by you) provided that an Administration Fee of $200 is paid. A minimum of six (6) debits must remain on your initial membership term and the third party must honor the remainder of the Minimum Membership Term, agreeing to be bound by the Terms and Conditions contained in this Agreement. You must notify Origem in writing of any intention to transfer your Membership to a third party. A membership that has been transferred is non-transferable. When transferring to a current/ex member of Origem, the third party must have ended their membership at least twelve (12) weeks prior.

Downgrading of Membership During Minimum Term

22. If you wish to downgrade your membership type, you will be required to complete a new membership agreement and commit to a new minimum term.

Sickness or Incapacity

23. If you become unable to attend the classes or use the facilities by reason of permanent physical/medical incapacity. In this circumstance you will need to provide Origem BJJ with a medical certificate from a qualified medical practitioner clearly stating that you are permanently unable to exercise. Any cancellation will include the following charges;

(a)The cost of Services already provided by the Gym, and;

(b)An Administration Fee of $55.00.

24. If you become unable to use the facilities by reason of temporary physical/medical incapacity and provide a medical certificate from a qualified medical practitioner, you are entitled to Freeze your Membership for a minimum period of two (2) weeks up to a maximum period of twenty-six (26) weeks. However, you may not Freeze your Membership for a longer period than set out in the medical certificate. Your Membership will automatically recommence after the date you have specified in your written Request to Freeze, with no remaining Freeze facility available for any cause.

Personal Training and Therapist Services

25. From time to time, Origem BJJ may avail licensees who offer services such as personal training, physiotherapy, massage and/or holistic therapies. Any claim you may have as a result of an act or failure to act by such a licensee (whether or not payment has been made to the licensee) will be brought against, and will be the responsibility of that licensee. You hereby release, indemnify and keep indemnified Origem BJJ for any claim by you as a result of an act or omission by a licensee. You must notify Origem BJJ immediately if you have a claim against a licensee. Origem BJJ will at all times assist, where possible, to resolve any conflict or issues with licensees.

26. Personal trainers and therapists are available at Origem BJJ and their services shall be taken up at your sole discretion.

Bookings and Appointments

27. If you are unable to attend a scheduled booking or appointment, a cancellation fee may apply. The fee will be added to your next scheduled membership debit.

Programming - A $30.00 cancellation fee will apply to appointments missed or cancelled with less than twenty-four (24) hours notice.

Yoga / Personal classes / Meditation courses / BJJ Seminars / Events - A $30.00 cancellation fee will be charged if less than seventy-two (72) hours notice is given.

Student and Senior Memberships

28. If you qualify for a Student or Senior Membership Package you have a maximum of seven days from initial join date to provide Origem BJJ with suitable proof. Your membership joining and fortnightly fees will automatically revert to the equivalent regular membership fees if suitable proof cannot be provided within this period.

Referral Rewards

29. Referral Rewards are not applicable to all membership types. Additional free time as a result of Referral Rewards cannot be applied towards the membership minimum term.

Physical Condition

30. You are required to complete a Pre-Exercise Questionnaire. You must notify Origem BJJ of any change in your health and fitness so that your training regime can be appropriately modified. In the event of pregnancy, members must notify Origem BJJ by completing a Pregnancy Authorisation to Exercise form and a Pregnancy Acknowledgement form before continuing to use the facilities.

31. Any advice and/or recommendation by an Origem BJJ Instructor / Employee is not intended to constitute medical diagnosis or treatment, nor should it be relied on as a suggested course of medical treatment for a particular condition. If you are in doubt, you should obtain medical advice prior to commencing any exercise program.

32. You must not use any Origem BJJ facilities 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 you and other members and guests.

Member’s Assumption of Risk

33. You are aware that the use of the premises and its facilities and your participation in classes and programs conducted by Origem BJJ may involve strenuous activity and special risks.

34. You warrant that you are physically able to participate in any classes/fitness program or use any academy facilities in which you have chosen to participate, and have not been advised otherwise by your medical practitioner. You further warrant that you have no pre-existing medical condition that would otherwise prevent you from using the academy facilities and/or participating in any classes/fitness program.

You understand that you will be engaging in activities that may involve risk of personal injury or illness or death and which may also involve the risk of economic/property loss and damage. You also understand that there may be risks involved that are not known to you or to Origem BJJ, or may not be foreseen or reasonably foreseeable at this time or at the time of using the academy facilities or participating in the class/fitness program. You assume the foregoing risks including risk of any negligence by Origem BJJ and its respective owners, directors, officers, employees or agents, and accept personal responsibility for any injury (including but not limited to personal injury, disability or death), illness, damage, loss, claim, liability or expense of any kind or nature, that you may suffer arising out of or in connection with the use of Origem BJJ facilities or participation in classes/fitness programs by you, or any minor/person under your supervision, care or control.

Limitation of Liability

35. In consideration of the grant of Membership to you, you hereby release and forever discharge Origem BJJ from all actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses howsoever arising that you may have incurred arising from or in connection with your Membership and/or use of Origem BJJ facilities and equipment, or from being on academy premises to the fullest extent permitted by law and whether caused or contributed to (directly or indirectly) by any act of negligence, breach of duty or default/omission on the part of Origem BJJ and its respective owners, directors, officers, employees or agents.

36. In consideration of the grant of membership to you, you agree that Origem BJJ will not be liable for any loss, damage or theft of any of your (or your guest’s) property except where caused by the gross negligence of Origem BJJ. Further, Origem BJJ will not be liable for any death, personal injury or illness occurring on academy premises or as a result of use of facilities or equipment, except to the extent that it arises from the gross negligence of Origem BJJ and its respective owners, directors, officers, employees or agents.

Payment Terms

37. A Fortnightly Membership Debit may be paid by a nominated bank account or credit card. Payments made by credit card will attract a credit card processing fee. Also, a FFA PaySmart Pty Ltd User Id 073053 admin fee of $1.95 is charged each debit.

38. On each occasion that a scheduled fortnightly payment is declined for any reason, the Member gives permission to PaySmart to charge a Payment Declined Fee. The current decline fee of $15.00 may change without prior notice.

39. Should any payments, fees or other debts remain due but unpaid from any source, Origem BJJ may suspend the Member’s use of the Membership Services until all fees and other debts are paid in full. If payment is not received the Membership may be cancelled. Origem BJJ engages the services of a Debt Collection agency to manage member accounts with an outstanding debt and reserves the right to invoke a reasonable Administration Fee on overdue accounts.

40. All fees and charges are subject to Clause 2 of this Agreement.

41. If you have opted to pre-pay your entire membership fee, any renewals thereafter must be for a minimum of 12 weeks and the payment must be received by Origem before the membership expires.

 

42. SPECIFIC ACKNOWLEDGMENTS (All members undertaking fortnightly debit membership payments must acknowledge and agree to the following.)

i. Your nominated bank account is debited on a fortnightly basis. The number of debits and amount is determined by your Minimum Term at the academy.

ii. Your Membership will continue after the Minimum Term, until you cancel your membership by providing Origem BJJ with four (4) weeks written notice. Membership will then be cancelled after two (2) further full fortnightly debits.

iii. On joining you are required to pay a Joining Fee.

iv. Whenever a payment is declined or returned unpaid, the outstanding amount, together with an Administration Fee will be charged to you.

v. PAYMENTS WILL CONTINUE TO BE DEBITED AFTER THE MINIMUM TERM UNTIL THE MEMBERSHIP IS CANCELLED BY YOU IN WRITING. YOU WILL BE NOTIFIED OF THE DATE THE DEBITS WILL CEASE WHEN THE CANCELLATION REQUEST IS RECEIVED AND APPROVED BY ORIGEM BJJ.

RULES AND REGULATIONS (GUIDELINES)

Code of Conduct

The Code of Conduct must be adhered to by Members to maintain a safe and enjoyable environment. Members should respect the health and safety of each other while on the academy premises and must comply with Occupational Health and Safety requirements of the academy. Any internal signage displayed around the academy forms part of the Membership Rules and Regulations and should be treated as part of the Code of Conduct. If a member is seen to be in breach of the Code of Conduct or Rules and Regulations, Origem reserves the right to terminate the membership and take further action if deemed appropriate.

Tatame / Gym Equipments

Members are only permitted to access the tatame and gym equipments under the supervision of an Origem BJJ instructor or trainer. No glass bottles are to be taken on the mats or on the Gym floor.

Tatame

Shoes, foods and drinks are expressively prohibited on the mats for health and safety matters. Finger and toes nails are required to be expressively short and polished to maintain health, safety and hygiene practices.

Dress Code

Members must wear covered training shoes in any cardio and weight training areas of the academy and be suitably clothed at all times for safety and hygiene reasons. Kimono (Gi) must be wear in the Gi classes as well as a rashguard or t-shirt under it for safety and hygiene reasons. No Gi classes requires rashguard and shorts with no pockets or legging.

Equipment

All equipment must be returned after use in all areas of the academy, in particular the return of free weights. Member must wipe down all the equipments after use.

Smoking / Alcohol

Members and their guests acknowledge that the academy premises are non-smoking and non-alcoholic area.

Guests of Members

Guests may enter the academy premises on payment of a Casual Membership Fee, and on completion of the academy’s Guest Register and a Pre-activity Readiness Questionnaire. Guests are subject to the Code of Conduct and the Guidelines, as notified from time to time on the Guest Register. All guests under 14 years of age must be accompanied by the responsible person and leave the academy with the responsible person, unless the responsible person contact us in person and give us a written and signed authorization to the check in and out occur in a different way. Children cannot arrive and leave in the or at the academy unattended at any time. A reference to members in this document include their guests.

Hygiene & Cleanliness

A clean and presentable Kimono (Gi) and No Gi clothes must be were every class. Unreasonable uniform state won't be allowed. Members must wipe down all equipment after use.

Shelves / Personal property Shelves are provided for use ONLY while the member is training in the academy, and are used at the member’s own risk. While all care is taken, Origem BJJ will not be held liable for any loss, damage or theft of belongings placed on shelves or brought on the premises. Unclaimed property will be kept for 14 days and thereafter donated to charity.

Privacy & Security During or immediately prior to your Membership, we may obtain certain personal information (such as about your health and your financial position). Origem BJJ will only use, disclose or deal with such information in accordance with its Privacy Policy, which can be provided to you or accessed at the Origem BJJ website www.origembjj.com.au additionally, for safety and security reasons Origem BJJ may use surveillance in common areas. You may not make any recording or take any photograph of any person without the authorisation of that person.

Pregnancy

As a member - for your safety, if you fall pregnant, your access to certain classes will be denied, as per the Pregnancy Acknowledgement form.

Damage to Property

Any member who causes damage to equipment or any property of Origem will be held liable for damages. Members will be held responsible for damage caused by children or guests.