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Member Name
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First Name
Last Name
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Email
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example@example.com
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NOTES:
Include promo details below, if applicable:
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Terms & Conditions
TERMS & CONDITIONS 1. I agree to abide by the rules of THE YARD GYM PTY LTD. I am responsible for any damage to the equipment which I may cause due to negligence. 2. I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge THEYARD GYM PTY LTD, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, THE YARD GYM PTY LTD, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct. 3. I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise. 4. I acknowledge, agree and represent that I understand the nature of THE YARD GYM PTY LTD, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will discontinue further participation in the activity page3image47276576.png 5. I hereby give consent to the The Yard Gym to photograph, videotape, or otherwise digitally record and use images and/or sound recordings of myself or my child or children (if applicable) to use in any public media, including radio, television, Internet, social media, print or in any of the organization’s or its partners’ publications, productions, or posts. I understand that the intended use of such images and information is solely for the purpose of advertising, marketing, fundraising and/or promotional and public awareness purposes for the organization. I hereby waive any rights or interest in the images or recordings, as contemplated in this release. I acknowledge that this consent to use images and/or recordings is being made solely for the benefit of the organization and comes without any expectation of monetary compensation or other benefit to me. To the extent that any benefit accrues or might accrue to the organization from the use of images or information, I hereby and forever waive any interest in or claim to such benefits. I further acknowledge that there is no guarantee that any or all of the participants’ images or recordings will be used in any released media. 6. By this Waiver, I assume any risk, and I take full responsibility to waive the of personal injury; death, damage, or loss of personal property, associated with THE YARD GYM PTY LTD, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any aerobic activity, taking aerobics classes or other cardiovascular activity classes at the facility, or action sport activities, and/or engaging in weightlifting activities, massage, event or other related activities on and off the premises. 7. PAYMENT TERMS a) The debit user advises the debit drawing will be made on the agreement due date as nominated in the direct debit request. When the due date is a closed business day the debit user will initiate the debit drawing on the previous open business date. b) One change to the autopay schedule is permitted per membership. Additional changes to the autopay schedule will incur a $20 admin fee. c) Membership payments via credit card will have a transaction fee applied; $2 per direct debit. d) THE YARD GYM PTY LTD may increase the weekly fee only after the end of the minimum term and on 30 days written notice. e) I acknowledge that is my responsibility to ensure that there are sufficient funds in the nominated account by the due date to enable the membership fees to be honoured on the direct debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, I acknowledge and agree that sufficient funds will remain in the nominated account until the membership fee amount has been debited from the account if there are insufficient funds available, I agree that THE YARD GYM PTY LTD will not be held responsible for any fees and charges that may be charged by either my or its direct debit provider and that THE YARD GYM PTY LTD may apply a failed payment fee on credit card payments. f) THE YARD GYM PTY LTD may refer my outstanding account for debt collection or issue legal proceedings to recover any outstanding membership fees if they remain outstanding for more than 30 days. Should my account be referred for debt collection I acknowledge and agree to pay debt collection charges to be calculated at not less than 20% plus GST and this will be incurred on the day that THE YARD GYM PTY LTD refers the matter to their nominated debt collection agency. I agree that I shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and/or indemnity cost basis. 8. SUSPENSIONS (membership pause) I may suspend my membership if I: a) give at least 48hrs notice for all suspension requests (at least 14 days for suspensions during January or December); b) have to travel away for work for a minimum of 7 days at a time. Maximum of 4 weeks per suspension is allowed at any one time and upon verification of travel requirement THE YARD GYM PTY LTD will waive the suspension fee and not to count the suspension period towards annual suspension limit; c) pause for a minimum of 7 days per request, with a 8 week combined limit per calendar year. d) am unable, by reason of temporary physical incapacity verifiable by a medical certificate, to avail myself of the services or facilities at THE YARD GYM PTY LTD, in which case the suspension fee will be waived. Medical certificate must be presented to THE YARD GYM PTY LTD within 48 hours of suspension commencement date requested. Please note: Suspensions will not be back dated/applied retrospectively and do not form part of cancellation notice period. No membership suspensions allowed during the promotional periods. 9. MEMBERSHIP CANCELLATION a) Our memberships are 8 week contracts that will auto renew every 8 weeks. Membership termination requires at least one week’s notice prior to your next billing date. b) If you wish to cancel within the 8 week minimum term, you would only need to pay the remaining time left on that current 8-week contract. c) All cancellation requests must be direct to the Studio Manager via email or phone (SMS and messages via Social Media accounts not accepted). Please allow 7 days for the cancellation forms to be processed and confirmed. 10. DRESS CODE I agree to abide by the required dress code of the studio, which includes: a) no bare chest. Clean and tidy t-shirts or singlets, shorts or pants must be worn at all times; b) no work boots or open footwear and suitable clean closed in training shoes to be worn at all times; and c) no dirty hands, feet, clothing or shoes (eg. mud, concrete, plaster, grass etc); 11. CONDUCT I agree to abide by the reasonable directions of THE YARD GYM PTY LTD and its staff whilst I am on or about the premises. I acknowledge that if I fail to comply with any directions or otherwise engage in behaviour that is offensive or disruptive to THE YARD GYM PTY LTD, its staff or other members, I may be asked to leave the premises and have my membership cancelled. If my membership is cancelled, no refund of membership fees will be paid. Reasonable directions include: a) no dumping or dropping of weights and replacing all equipment after use; b) no unacceptable behaviour, language or intimidation to be directed at any other member or staff member; and c) no swearing in the centre. 12. CLASS BOOKING POLICY I understand: a) that all classes, including Creche, must be booked prior to attending group training due to class number limitations, legal and safety reasons; b) that if I’m booked in to a class and unable to attend, I must remove myself from the class or waitlist a minimum of 1 hour prior to the class start time or no later than 8pm the night prior for weekends and morning classes. c) that I will be charged a late cancellation or no-show fee that will be paid to a charity of THE YARD GYM PTY LTD’s choosing and that the total amount combined over the course of a week will be added to my regular direct debit payment or added to my account if I have paid my membership upfront; 13. ADDITIONAL FEES THE YARD GYM PTY LTD may charge additional fees for services or facilities outside of my chosen program. Other relevant fees that I agree to pay include: a) suspension fee of $20 per request; b) class late cancellation or no show fee of c) dishonour fee of $15 per failed transaction on direct debit accounts will apply; d) dishonour fee of $5 on credit card payments that are not rectified by the end of the week they fall due on will apply; 14. CRECHE a) THE YARD GYM PTY LTD offers a limited members-only creche service, which is subject to availability and our discretion. b) The creche accommodates children from 8 Weeks to school age. Once child has commenced school, they cannot be admitted into the Creche. c) For their own safety and the safety of our members, children are not permitted on the workout floor, outside of the allocated creche area d) All Creche sessions must be booked prior to attending, due to class number limitations, legal and safety reasons e) The attending parent is ultimately responsible for the hygiene of their child, including changing of nappies/clothing and the cleaning of bodily fluids. f) Under no circumstance is the attending parent to leave the premises without their child g) Should parental assistance be required, the attending parent will immediately respond to any request from Creche staff h) No food or drink is to be brought into the Creche area (besides water) i) Children who are unwill will be refused entry to the creche 15. GENERAL a) If there is any inconsistency between a term of the membership agreement and a term of the membership brochure, the membership agreement governs to the extent of the inconsistency. b) This agreement is governed by the law applicable in Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that state. 16. RIGHT TO VARY TERMS & CONDITIONS The member and THE YARD GYM PTY LTD agree that the terms of this Agreement may be altered unilaterally by THE YARD GYM PTY LTD giving 14 days’ written notice to the member. Clerical errors are subject to correction without notification. I have read, understood and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.
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I have read, understood and agree to the terms and conditions outlined above
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CREDIT / DEBIT CARD DETAILS
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VISA
MASTERCARD
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VISA
MASTERCARD
PLEASE CHOOSE
NAME ON ACCOUNT
CREDIT/DEBIT CARD NUMBER
CSV
EXPIRY DATE
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7
BANK ACCOUNT DETAILS (DIRECT DEBIT)
ACCOUNT NAME
BSB
ACCOUNT NUMBER
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8
Cardholder Signature
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I as a cardholder, hereby authorize
SK Investments (Qld) Pty Ltd
to charge my credit card or bank account and confirm that the information provided on this form is complete and accurate.
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9
Date
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Date
Day
Month
Year
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