Terms and conditions

WAIVER

Ninja Nation regards safety as their number one priority and takes all actions necessary to reduce risk and maximise safe practice. Despite all reasonable safety precautions implemented, gym use, obstacle training, martial arts and other disciplines undertaken at Ninja Nation require physical exertion and as such, the risks associated can lead to injury and in rare cases death. By registering yourself or your child in classes at Ninja Nation, you accept our Terms and Conditions shown below:

1. Personal Injury

1.1 I recognise and acknowledge that obstacle and other training held at Ninja Nation Pty Ltd can be a strenuous and high intensity activity and that participation might result in serious injury, including permanent disability or death and severe social and economic loss.
1.2 I recognise and acknowledge that such risk may be due to, not only, my own actions, but also the action, inaction or negligence of others, the regulations of participation, the conditions of the premises, or of any of the equipment used.
1.3 I recognise that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.
1.4 I will immediately inform an instructor of the Centre if I believe that anything is unsafe or beyond the capabilities of myself or the participants I am guardian to and have the right to refuse my or their participation.
1.5 I assume all the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.
1.6 I am entering Ninja Nation Pty Ltd entirely of my own free will and understand the importance of following the rules of training. I certify that I and those I am a guardian of are in good physical condition, and have no disease, injury or other condition that would impair their performance or physical and mental well-being during the activities, practice and/or competition. I grant permission in case of injury to have a doctor, nurse; first aider or other emergency medical personnel provide medical assistance or treatment for such injury. I release, waive, discharge my, my dependents or legal representatives rights to sue NINJA NATION PTY LTD, affiliated organisations and participants, supervisors, coaches, sponsoring organisations or their agents, and if applicable, owners and leasers of the premises from any and all liability to undersigned, his or her heirs and next of kin for any and all claims, demands, losses, costs and damages which may be sustained and suffered on account of injury, including death or damage to the property, caused or alleged to be caused in whole or in part by the negligence of the release’s or negligence of others, the regulations of participation, the conditions of the premises, or of any of the equipment used.

2. Ninja Nation Pty Ltd Rules I agree to abide by:
2.1 To follow rules of conduct, behaviour, dress code, equipment usage and use of services that are displayed within this gym and that have been provided to me.
2.2 To follow instructions as outlined by NINJA NATION PTY LTD coaches, instructors and other staff.
2.3 To wear the appropriate attire at all times including closed shoes in gym area and for obstacles in the Ninja Training arena.
2.4 To always put equipment away after use.
2.5 That no food is allowed in Ninja Training area, boxing or gym area
2.6 That offensive language, grunting and anti-social behaviour is not acceptable.
2.7 That no smoking is permitted on Ninja Nation Pty Ltd premises
2.8 That children under the age of 13 years are not permitted in weights gym area.

3. Age Restrictions and Children’s Etiquette
3.1 A parent or guardian must sign the NINJA NATION PTY LTD Terms and Conditions and Waiver agreement on behalf of persons under the age of 18 years.
3.2 Children under 5 years require parent or guardian assistance during their Toddler Warrior Class.
3.3 Children at 6 years and above do not require parent or guardian assistance during their Class time.
3.4 During Casual Play sessions, children under the age of 8 do require active supervision.
3.5 Children under the age of 13 are required to be supervised by parent or guardian when not participating in a NINJA NATION PTY LTD lesson. All gym equipment and obstacles in Ninja arena are off limits for non-participants.
3.6 Children must wait at reception for coach/ instructor prior to their session.
3.7 Children must pay attention to coach/ instructor at all times.
3.8 If a parent /guardian would like to speak to a coach/instructor, they must wait until the end of the session or arrange a time beforehand at reception.
4. While in venue you consent to images and video of yourself, your children or of children for whom you are responsible being taken for security or promotional purposes.

5.1 Personal details
5.1.1 I understand that when paying online for my booking, my personal details are recorded on a secure database with Gym Master, not on any local Ninja Nation database.
5.1.2 Bookings made online will be deducted from my nominated bank or credit card account.
5.1.3 If a charge to my nominated payment method is attempted and there is insufficient funds available to pay for my booking, a non-refundable $8.80 dishonor fee will be charged to me and will be payable before any services will be provided additional to the original booking fee.

Membership Terms and Conditions

5.2 Memberships
5.2.1 I agree that the membership fees are not refundable and I agree and understand that non usage of the gym does not allow early termination of this agreement nor does it warrant a refund of any type. I also agree and understand that non usage of the gym does not affect any payment terms and conditions of this agreement and that Ninja Nation Pty Ltd is in no way responsible for my level of usage of the gym.
5.2.2 If I choose, I may transfer my membership to another person who will fulfill the minimum membership term as set out in this agreement and after they fill all appropriate forms and pre-evaluation fitness tests.
5.2.3 Ninja Nation Pty Ltd may at their discretion terminate any membership agreement without notice for any non-compliance of this agreement or any behavior or action that they deem inappropriate.
5.2.4 Facilities and services may change without prior notice. Any such changes will not affect the terms of my membership agreement.
5.2.5 It is the responsibility of the member to book in to classes.

6 Payment Obligations applying to all payments
6.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request (DDR)
6.2 If there are insufficient clear funds in your account to meet a direct debit payment:
a) You may be charged an fee and/or interest by your financial institution
b) You may also incur dishonor fees or charges payable to Quickpay within the following 5 business days; and
c) You must arrange for the original debit payment to be made by another method or arrange for sufficient clear funds to be available so that we can process the debit payment before the commencement of the session or class booked.
6.3 You should check your account statement to verify that the amounts debited to your account are correct.
6.4 I understand that membership rates are reviewed periodically and may increase by an amount not exceeding 10%. This is regardless of the contract amount or contract term. I understand that members will be notified a minimum of 14 days prior to any such membership rate increase by way of signage within the gym.

6.2 Cancellation Obligations
6.2.1. If you cannot attend a booked class or session, Please call us with at least 48 hours before scheduled class notice and we will credit your account which can be used at your convenience for another class or session of equal value.
6.2.2. Class cost for cancellations within 48 hours before scheduled class are non-refundable.
6.2.3. Class schedules are subject to change. Advanced notice will be given as soon as possible.
6.2.4. If there are less than 4 participants booked into a class, that class may be cancelled due to low numbers. I will be notified at least 3 hours beforehand and my account will be credited the booking amount.

7. Suspension
7.1 Members can suspend their membership by written notice via email to Ninja Nation Pty Ltd.
7.2 Suspensions can be for a maximum of 2 weeks for holidays once per contract year or longer in case of injury with medical certificate of capacity provided.
7.3 All suspensions will incur a weekly $5 admin charge.
7.4 The Member’s Membership will automatically continue after the end of a suspension, meaning Membership fees will begin to be charged as usual after the suspension.
7.5 It is the Member’s responsibility to track their suspension and terminate in accordance with this contract at least 7 days prior to the end of the suspension in order to avoid any additional Membership fees being charged.

8. Termination
8.1 Members must written notice in person in order to terminate their membership.
8.2 Where a Member does not provide at least 7 days notice via email, their membership will be terminated the following week instead.
8.3 No refunds will be given for late notice.
Termination and Unauthorised Cessation of Direct Debit
The Member may be liable to Ninja Nation Pty Ltd for any unpaid fees, or fees incurred by Ninja Nation Pty Ltd if the Member terminates this Agreement or stops the automatic debit arrangement in a manner not described in this Agreement.

9. Debit Collection Agency
9.1 When paying by direct debit, upon default by the member in regard to any obligation under this agreement and failure to remedy the default after the notification by Paychoice or its associates, the member authorises Paychoice to notify any debit collection agency of the default. Should this occur then at Paychoice’s sole discretion it may terminate the agreement at which time the full outstanding balance for the remainder of the minimum term or payments (including any current arrears) shall be due in full.
9.2 The member authorises Paychoice to add to the outstanding debit fee of $50.00 and an amount equivalent to 25% of the full outstanding balance (being Paychoice’ expenses reasonably incurred in collecting the debit) upon initial referral to the debit collection/credit reporting agency.

10. Entire Agreement
This agreement and the DDR Service Agreement (if paying by Direct Debit) constitute the entire agreement, understanding and arrangement (express and implied) between member, Ninja Nation Pty Ltd and Paychoice relating to the subject matter of this agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.