TERMS AND CONDITIONS

Please read our Terms and Conditions carefully. 

 

It is a condition of us allowing you to obtain a pass or membership and/or enter our studio, that you agree to our Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a membership or enter our studio. 

 

Remember:

• You are required to treat all persons and property at the Studio with all due care and respect.

• We recommend you refrain from bringing any valuable personal belongings to our Studio and store your personal belongings in a locker. We are not responsible for any loss or damage to personal belongings you bring to the Studio.

• By attending our Studio and participating in Boxing Training, you will be performing physical activity and exercise which has an inherent risk of personal injury. Participating in Boxing Training is done at your own risk.

• You must inform us and our instructors if you have any injury, illness, discomfort or are pregnant before participating in any Class.

• The sale of each Student Membership is subject to specific terms and conditions applicable to the type of membership which you hold, part of which can include a minimum membership commitment period, automatic direct debit, membership time limitations and/or class attendance limitations.

Definitions:

1. In these Terms and Conditions, we use the following definitions (all definitions are in Capitals):

a. “COUNTERPUNCH BOXING STUDIO”, “us”, “we”, “our”, all means jointly and severally COUNTERPUNCH BOXING STUDIO (ABN 129 508 70301).

b. “Representatives” means COUNTERPUNCH BOXING STUDIO directors, officers, contractors, employees, consultants, partners, advisors or other affiliates.

c. “Terms and Conditions” means this agreement.

d. “Student” means a person with a Student Membership.

e. “Student Membership” means a membership that is obtained by a person in order to have access to the Studio and Classes.

f. “Studio” means a physical premises operated by COUNTERPUNCH BOXING STUDIO anywhere in the world offering and providing various goods and services, including without limitation the Services.

g. “Services” means Boxing and associated fitness services.

h. “Class” means a physical exercise class held at the Studio which provides Boxing or fitness instruction.

i. “Class Schedule” means, for the Studio, a schedule for the conducting of Classes implemented by us from time to time.

j. “you” means you, a person who either:

i. Has a valid Student Membership; or

ii. Enters the Studio, regardless of any Student Membership status.

 

Application of Terms & Conditions

2. By obtaining a Student Membership or otherwise physically entering a Studio, you agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, you should not obtain a Student Membership or enter a Studio.

3. The Terms and Conditions will be displayed online on our website, located at www.counterpunchboxing.com.au You may request a physical copy at the reception desk at the Studio.

4. These Terms and Conditions can be amended by COUNTERPUNCH BOXING STUDIO at any time. We will notify you in writing of any changes to the Terms and Conditions by e-mail, on our website or otherwise at the Studios. You should familiarise yourself with these Terms and Conditions and check for updates regularly.

Contact Details and Privacy

5. You must inform us when your contact details change so we can keep in touch with you.

6. COUNTERPUNCH BOXING STUDIO complies with the Privacy Act. We take the protection of your personal information seriously. If you have any questions about our Privacy Policy, or if you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at info@counterpunchboxing.com.au

7. We use a third party client management software known as “Mindbody Online”. In order to create a Student Membership, your personal information will be provided to the proprietor of Mindbody Online. The collection and use of personal information by Mindbody Online is governed by Mindbody Online’s privacy policy, which can be viewed here.

 

General Conditions of Entry

8. COUNTERPUNCH BOXING STUDIO reserves the right to refuse entry to, or eject you from, our Studio for any reason. We will refuse entry or eject you in the event that you are behaving in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our Students or other people at the Studio.

9. You may be asked to present a  valid photo identification (Australian driver’s licence, passport or proof of age card will be accepted) to reception staff upon entry to the Studio. We reserve the right to refuse entry to persons without suitable ID.

10. We make every possible effort to deliver our Services through Classes in accordance with our Class Schedule. Class Schedules are subject to change or cancellation and we are not required to provide notice to you or such changes. We are not liable in any way to provide you with a refund, credit, transfer, or to offer compensation of any kind for Classes that are not held in accordance with the Class Schedule, including without limitation any Classes that are changed or cancelled.

11. We reserve our right to change our opening hours at our Studio on any given day without notice to you. You will be notified of any permanent changes to our opening hours.

12.We recommend that you aim to arrive at least 5 minutes prior to the scheduled commencement time of a Class to avoid disappointment. If you arrive more than 10 minutes late for class you may be denied entry. 

13. Students are strongly discouraged from departing Classes prior to their scheduled conclusion time as it is disruptive to the enjoyment of other Students attending those Classes.

14. We are not responsible in any way for the safekeeping of your personal belongings that you bring into our Studio. As such, we strongly recommend that you:

a. Refrain from bringing any valuable personal belongings into our Studio, such as mobile phones, jewellery, personal devices, wallets, bags and purses;

b. Bring only any personal belongings into our Studios which are absolutely necessary for you to possess for the duration of your visit; and

c. Store any personal belongings in the lockers provided for use at our Studio for the duration of your visit.

15. You are not permitted to interfere or tamper with, steal, or cause loss or damage to, the personal belongings of another Student or persons at the Studios. If you do so, we may cancel your Student Membership and permanently ban you from entering our Studio.

16. Students are not permitted to use lockers within our Studios to store personal items for any longer than the duration of their visit to our Studios. For items which are left in lockers within our Studios at the closing time for specific day and not collected by the owner/s, we will hold those items for two weeks after being found, following which they will either be donated to charity or otherwise disposed.

17. All Coaches at COUNTERPUNCH BOXING STUDIO are qualified BOXING instructors. . We strongly recommend that you pay close attention to the direction provided by an instructor during any of our Classes to ensure that your risk of injury or discomfort while participating in a class is reduced.

18. COUNTERPUNCH BOXING STUDIO and its instructors are not medically trained and are therefore not qualified to assess whether Students are in good physical condition and/or that Students can engage in active or passive exercise without detriment to their health, safety, comfort or physical condition. Students are advised to seek medical advice prior to commencing any exercise program if they are in any doubt about their ability to engage in exercise. Participating in any form of exercise at our Studio is done entirely at your own risk.

19. You must inform us and any instructors if there are any risks to your health by participating in Boxing Training, including in a Class, such as if you have a pre-existing injury, illness, muscle soreness/discomfort or are pregnant, prior to commencement (a “Medical Condition”). Where you have a Medical Condition, we strongly recommend that you seek approval from a medical practitioner to participate in any of our Classes. Participating in any form of exercise at our Studios with a Medical Condition is done entirely at your own risk.

20. You acknowledge that our instructors may use tactile cueing and adjustment methods, or make physical contact with you for correction purposes in order to ensure that your Boxing Training is undertaken in accordance with known practice methods (“Practice Methods”), during Classes. The use of the Practice Methods is designed to maintain a safe training experience for you, deepen your learning of Boxing, and to grow your capabilities. Participating and engaging in Practice Methods is done entirely at your own risk.

21. Students are required to wear appropriate attire for physical exercise at all times while visiting our Studio, and must refrain from wearing clothing which contains offensive prints or designs.

22. Students are required to conduct themselves within a Class in a manner which is respectable and considerate to other Students attending the Class. Students must not behave in an anti-social, intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which may threaten the security of our Students or other people at the Studio.

23. Students are required to use a towel to wipe any perspiration created by engaging in physical exercise in our Studio in order to maintain hygiene standards.

24. Smoking is prohibited inside and out the front of our Studio at all times.

Student Memberships and Gift Cards

25. In order to obtain a Student Membership, you must be 18 years of age or over. Children aged under 18 years may obtain a Student Membership, but only if their parent or guardian have provided consent.

26. The sale of a Student Membership is final. Subject to clause 37 and to the extent permitted by law, we do not offer any refunds on the cost of a Student Membership for change of mind, user error, injury, illness, change of address, unsuitability or any other reason.

27. A Student Membership entitles you to access our Studio and attend Classes within either a certain number of Classes or a certain time period. There are a number of different Student Membership options, each which is subject to Further Membership T&Cs (refer to clause 35).

28. Student Memberships are sold or otherwise provided to patrons of our Studio for personal use only. Student Memberships are non-transferrable and must not be sold, traded, gifted, shared, provided or otherwise transferred to any other person. If we discover that you are engaging in any of these activities, we reserve the right to cancel your Student Membership permanently and ban you from visiting our Studio indefinitely.

29. We offer gift cards for sale which can be redeemed for the creation of Student Memberships. Gift cards are not redeemable for cash.

30. We reserve the right to increase fees for ongoing Student Memberships at any time after the applicable minimum commitment period for your Student Membership has ended by giving 8 weeks notice. We will notify you in writing of any changes to the pricing details of Student Membership. If you are paying for your Student Membership by direct debit, you authorise us to debit any increase fee amounts from your nominated bank account. If you do not agree to any pricing changes, you may cancel your Student Membership in accordance with these Terms and Conditions.

31. We reserve the right to change our fees applicable to purchasing new Student Memberships at any time. We will notify you of any changes to the pricing of Student Memberships in writing.

Class Attendance & Cancellation Policy

32. To ensure you can attend a Class, you must pre-book your attendance to any Classes held at our Studio using the online booking system available on our website or mobile application (“Online Booking System”). This is required in order to ensure that there is sufficient space for Students to attend any single Class. Otherwise, you may attend our Studio prior to the scheduled commencement time for any Class and you may attend that Class, where there is sufficient availability and space to be determined at our sole discretion.

33. If you have booked to attend a Class and wish to cancel your attendance, you must process a cancellation through the Online Booking System. In order to cancel your attendance without penalty, you must process a cancellation using the Online Booking System up to 4 hours prior to the scheduled commencement time for the class as detailed in our Class Schedule (“Early Cancellation Window”). We will not accept cancellations by phone, e-mail or any other method other than by using the Online Booking System.

34. Rocky class capacity is limited to 14 spaces maximum. Due to this, if you are unable to attend a class that you have booked, it is essential that you cancel this class a minimum of 24 hours prior. If you late-cancel or no-show you will be charged for the class/removed from your account.

35. We understand that late class cancellations can sometimes be inevitable. As such:

a. For Student Memberships without any limitation on the number of Classes that can be attended, you will not incur a penalty if you process a cancellation outside of the Early Cancellation Window. However:

i. if you process two or more cancellations outside of the Early Cancellation Window; or

ii. do not attend a class which your attendance is booked in two or more instances;

all within a single week period, we will apply a $10 penalty to your Student Membership account. Once you incur any penalty, your entitlement to book and attend any Classes is suspended until the penalty has been paid in full.

b. For Student Memberships with a limit on the number of Classes that can be attended, if you fail to attend a Class which your attendance is booked, or cancel outside of the Early Cancellation Window, that Class will still be deducted from the number of Classes you are permitted to attend as applicable to your type of Student Membership.

Further Terms and Conditions for Student Memberships

36. Further terms and conditions applicable to each different type of Student Membership that we currently offer (sorted by the current name for the Student Membership as listed on our website) are detailed in the Schedule to these Terms and Conditions (jointly and severally “Further Membership T&C’s”).

37. Further Membership T&C’s (as applicable to you) form part of these Terms and Conditions and are binding on you.

Consumer Guarantees

38. Our Services come with consumer guarantees under the Australian Consumer Law (“ACL”). With the exception of consumer guarantees found under the ACL and other laws which cannot be excluded and to the extent permitted by law, we exclude any term, condition or warranty that may otherwise be implied into these Terms and Conditions or relating to our Services.

Our Liability

39. Subject to clause 37 and to the extent permitted by law:

a. COUNTERPUNCH BOXING STUDIO and its Representatives will not be liable and excludes all liability under these Terms and Conditions, in tort, statute or in any other way for all injury, illness, damage or loss of any kind whatsoever directly or indirectly sustained by you in relation to a Student Membership, participating in any Class or otherwise entering the Studio.

b. You hereby release COUNTERPUNCH BOXING STUDIO and its Representatives from all claims relating to a Student Membership, participating in any Class or from otherwise entering the Studio.

40. In the event that clause 38 is not enforceable for any reason, then our maximum aggregate liability arising from or relating to any claim by you, howsoever arising shall not exceed the membership fees paid by you to us during the past 12 months.

Indemnity

41. You hereby indemnify COUNTERPUNCH BOXING STUDIO, and its Representatives, from all direct, reasonable and quantifiable loss or damage suffered by COUNTERPUNCH BOXING STUDIO and/or its Representatives as a result of you breaching clauses 10, 14, 16, 18, 19 and 20 of these Terms and Conditions.

Intellectual Property

42. COUNTERPUNCH BOXING STUDIO are the exclusive owner of logos, artwork, photographs, videos, instruction manuals, teaching materials, instructional compilations, website designs and other materials created to promote our Services (“COUNTERPUNCH BOXING STUDIO IP”). You shall not be permitted to copy, reproduce, sell, distribute, licence or otherwise use the COUNTERPUNCH BOXING STUDIO IP unless you must obtain our prior written consent (which may be withheld by us in our absolute discretion).

General

43. Any unenforceable or void provision, or part thereof, may be severed from these Terms and Conditions without affecting the validity of the remaining provisions.

44. These Terms and Conditions shall be governed by the laws of NSW, Australia, and the parties submit irrevocably to the authority of courts having jurisdiction in NSW, Australia.

45. We are able to novate, assign, sub-licence or otherwise transfer our rights and obligations under these Terms and Conditions to a third party nominated by us provided the third party continues to fulfil its obligations to you under these Terms and Conditions. You agree that where we do so, the new party will assume our rights and obligations under these Terms and Conditions (in whole or in part) and you will release us from those rights and conditions under these Terms and Conditions.

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2/4 BANKSIA DRIVE, BYRON BAY

INFO@COUNTERPUNCHBOXING.COM.AU

+61403872980