NEON BOXING ACADEMY MEMBERSHIP
TERMS & CONDITIONS
This document here within comprises the Membership Agreement, Terms & Conditions & Privacy Policy for Neon Boxing Academy.
The terms ‘I’, 'you', or '‘your' refer to you, the visitor to our website, the member to Neon Boxing Academy. Where we refer to 'us,' 'our,' or 'we,' it means Neon Boxing Academy.
BECOMING A MEMBER
Your membership at Neon Boxing Academy (NBA) is contingent on you agreeing to these Terms & Conditions.
By signing the Membership Application, you bind yourself to the terms outlined here within.
If you are under 18 years of age, a parent/guardian must complete the Membership Application & Direct Debit Authority (Payrix) on your behalf.
If the terms & conditions set out on this document differ from anything you are told at the club or over the phone, the terms of this document will apply unless written confirmation is provided to you from us.
We may modify terms, rules, services, or fees & will notify you through media postings, phone, or written communication. Please revisit these terms & conditions each time you use our website.
PAYMENT of MEMBERSHIP
Memberships payments are paid in advance, fortnightly via direct debit (banking transaction account or credit card) through Payrix (transactions fees are additional to the membership fees). Pay-as-you-go type class fees are made through Payrix (banking transaction account or credit card).
By agreeing to these Terms & Conditions, you are authorising Payrix to make debits from your nominated account (Payrix may charge you additional fees such as setup, variation, or processing fees where applicable).
It is your responsibility to ensure that there are sufficient cleared funds in the nominated account. A failed payment fee may be charged by Payrix if a debit is returned by your financial institution as unpaid (consecutive rejections may involve debt collection).
If unsuccessful payments or owing funds are at an amount deemed, in our absolute & sole discretion, as unreasonable, you, the member, may no longer be entitled to the benefits of direct debit & you may be required to pay the full amount of minimum term. This payment will need to be made within a period decided by Neon Boxing Academy management.
You must advise us if you are transferring or closing your account, or about any changes to your credit card, such as expiry date or number. Any changes need to be communicated to us in writing within 14 days prior to the next scheduled payment.
On-going memberships will continue in force until cancelled by you or us in accordance with these Terms & Conditions. Where an automatic debit arrangement is in place, fees will continue to be debited until the contract is cancelled.
All contract fees include goods & services tax (GST). Your fees may change in line with any government GST rate changes, even if you are in your minimum contract term.
COOLING OFF PERIOD or CANCELLATION
This contract of membership can be voided (in writing) within the cooling-off period (within 48 hours of contract signing). All terms & conditions are binding after this 48-hour period. Cancellation post cooling-off period may incur fees.
If the membership has been paid in full, any unused portion of your membership will NOT be refunded upon cancellation for any given reason.
In the event of permanent disability or sickness, refunds may be granted (in our absolute & sole discretion) where a letter from a medical practitioner detailing the disability or sickness, & stating that you cannot exercise, is provided.
To cancel your membership (where the minimum term has been fulfilled), you must provide your request in writing within 14 days prior to the next scheduled payment.
If you cancel your membership, you must pay any fees owing on your membership, or we may take action to recover them.
As a member of Neon Boxing Academy, you understand that non-usage of facilities does not allow for early termination of this agreement, nor does it warrant a refund of any type. You also agree & understand that any non-usage of the facilities does not affect any of the terms of this agreement & that Neon Boxing Academy is in no way responsible for your level of usage nor are we responsible for notifying you of your usage at any stage.
SUSPENSION of MEMBERSHIP
Suspension will only be permitted for annual leave, parental leave, or temporary work transfer, in multiples of 2 weeks (maximum 4 weeks/year), with a $5/week fee (by direct debit) & only where membership fees are financial without any outstanding fees. Suspension requires 7 days' notice in writing, & up-to-date membership fees.
Suspension time will commence from the date of written notification, or a future date provided in writing. Suspension cannot be backdated for ANY reason.
If you pay your membership fees by direct debit & you defer your membership, your billings will remain unchanged for the membership term, & any deferral time will be added on to the end of your membership.
To ensure accuracy of records, all changes to membership, including applications for suspension, MUST be made in writing, & signed IN PERSON at the facility.
TERMINATION of MEMBERSHIP by US
If you engage in unreasonable behaviour, violate these terms, Neon Boxing Academy rules, or legislative regulations, we may issue a warning about potential membership cancellation. Continued inappropriate behaviour may lead to the termination of your membership.
Your membership can be terminated immediately & without warning if your actions, in our absolute & sole discretion, are deemed inappropriate or constitute a breach of membership conditions, including but not limited to:
Threatening or harassing other Neon Boxing Academy members & staff.
Damaging equipment.
Smoking, alcohol consumption, or the use of illegal or performance-enhancing drugs within the facility.
If, for any reason, we terminate your membership, no prior notice is required. Any paid-in-full or advanced fees will forfeited & not be refunded for any reason.
You are prohibited from using the facilities:
While suffering from an infection, contagious illness, open wound, or while having a physical ailment.
Where there is any risk, no matter how small, to other Neon Boxing Academy members & guests.
If your membership account is in arrears.
If not in proper workout attire (e.g. denim, work boots, canvas shoes, & open-toed shoes are inappropriate).
Without a sweat towel (you are expected to wipe down equipment after use).
MEMBER REQUIREMENTS
Members must register for classes & sign in at the terminal before class commencement. Failure to sign in on time may result in denied entry to the class.
Members are required, all all times, to follow the Neon Boxing Academy CODE OF CONDUCT, all SAFETY RULES, INSTRUCTIONS or DIRECTIONS provided by employees or volunteers of Neon Boxing Academy, including wearing suitable workout clothing in the facility including enclosed footwear, & the use of TOWELS on ALL EQUIPMENT.
Any personal belongings or items of value left unattended within the facility will be considered lost property. We will make reasonable efforts to secure, and store lost property for a period of 4 weeks from the date of discovery. Items of value will be handed over to police. All other items will either be donated to charity or disposed of, at our discretion. The responsibility to check and claim lost property within the specified period rests with the owner.
For their own safety, CHILDREN (under the age of 13 years) are NOT ALLOWED into the GROUP FITNESS or TRAINING AREAS unless they are an active member of Neon Boxing Academy & are accompanied by a parent or guardian.
Members must notify us of any changes to your health status. If you believe there is a risk to your health from doing any fitness activities in the facility, you must tell us in writing, with full details. You must also tell us if your medical condition changes after you became a member.
Members or applicants for membership may be requested to provide a certificate from a registered medical practitioner prior to being granted permission to return from medical leave, illness, injury, or surgical procedure, which deems them fit to participate in any exercise programs.
Our staff, volunteers, & contractors are not medically trained. They are not medically qualified to assess if you are in good physical condition & can exercise without damaging health, safety, comfort, or physical condition. If in doubt, we strongly urge you to seek expert advice before starting any physical exercise program.
You are responsible for using our facilities & equipment correctly, including adjusting levels of settings. If you are not sure how to operate any equipment, please see a member of our staff before use.
You are expected to return weights & equipment, & wipe down equipment after use. You are responsible for any damage to club facilities caused by you through wilful acts or negligence.
DECLARATION - EXCLUSION OF LIABILITY
We are not responsible for personal belongings. We will not be held responsible for the damage or theft of any member’s personal property - other than loss or damage caused by wilful acts, omissions, or negligence by us.
You understand & acknowledge that whilst all reasonable care & skill is taken by Neon Boxing Academy to ensure safe equipment, facilities, & services, there are inherent risks of injury or ill-health resulting from the use of the facilities, use of facility equipment & from participating in physical activity & exercise in general.
You understand & acknowledge that these risks may result in various injuries, including, but not limited to, minor cuts & bruises, muscle strains, ligament & tendon sprains, bone fractures, neck & spinal damage, heart-attack, stroke, psychological illness, or death.
You understand & acknowledge that these injuries or illnesses may impact your future ability to earn a living, engage in other business, social & recreational activities, & generally enjoy life.
You understand & acknowledge that injuries may be incurred because of the actions or inactions of other persons utilising the facility.
You understand, acknowledge, & appreciate the inherent risk & potential impact of the types of injuries or illnesses that may result from the use of Neon Boxing Academy facilities, & you agree that you willingly, voluntarily, & knowingly participate in the use of facilities & equipment.
By participating & signing acceptance of these Terms & Conditions, you declare awareness of your health & release Neon Boxing Academy from liability for injuries.
- By participating in our classes, events, or using our facilities, you hereby grant consent for us to capture & use your likeness, image, or voice in photographs, videos, or audio recordings. These images may be used on our official website (www.neonboxingacademy.com.au) & official social media accounts for promotional & marketing purposes. This includes, but is not limited to, showcasing classes, events, & the overall atmosphere of our facility.
- You agree that all images, videos, or audio recordings captured by us, or on our behalf, are the exclusive property of Neon Boxing Academy. We reserve the right to reproduce, distribute, & display these materials in all forms of media. You may revoke this consent at any time by notifying us in writing. Upon receipt of a revocation notice, we will cease using your images for future promotional & marketing materials. However, any materials already in use or distributed prior to revocation will not be recalled or destroyed. We will use reasonable efforts to maintain the confidentiality of personal information associated with images, videos, or audio recordings. However, we cannot guarantee absolute security against unauthorized access.
- You understand & acknowledge that the facility is under 24/7 integrated access, video surveillance & recording. You acknowledge & accept that you will be subject to video & audio surveillance within the facility (apart from change rooms).
Implied warranties related to services are excluded to the extent permitted by law. You release us from any claims & indemnify against losses & liabilities.
You understand & acknowledge that this website may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, & we are not responsible for their content. The inclusion of any link does not imply our endorsement. You warrant that you will not use this website or membership software for any unlawful or prohibited purpose which could damage, disable, or impair this website or interfere with others' use.
The INFORMATION we COLLECT from you is for the purpose of properly providing our services to you (or your child, if under 18 years of age), & will remain CONFIDENTIAL & will be used in accordance with Neon Boxing Academy’s PRIVACY POLICY (as per the Privacy Act). We do not trade or sell your personal information. We may disclose it if legally required or to instruct our professional advisors.
We do not claim ownership of material posted by users to our website, or social media accounts. By posting, you grant us permission to use the material in connection with our business operations. While we are not obligated to monitor user posts relating to Neon Boxing Academy (including staff, services, & facilities), we reserve the right to review & remove material in our absolute & sole discretion. We may also disclose information as necessary to comply with the law.
If part of any provisions of this document are deemed illegal, or unenforceable, it may be severed from this agreement and the provisions that remain will continue in force. If we do not enforce any rights in this agreement for any reason, Neon Boxing Academy does not waive its right to enforce it later.
MEMBER ACKNOWLEDGEMENT
- I have, to the best of my knowledge, PROVIDED Neon Boxing Academy with an HONEST & TRUTHFUL INDICATION of my HEALTH.
- I affirm that I have READ & UNDERSTOOD all the TERMS & CONDITIONS of this membership agreement & have been provided with the opportunity to ask for clarification of any aspect of this document & provisions.
- I understand & acknowledge that by signing this agreement, I represent that I am in good physical condition & have no reason or impairment that might prevent me from using Neon Boxing Academy facility and services. I accept that I repeat this representation each time I use the facility.
- I understand & acknowledge that the terms & conditions outlined above are subject to change at the absolute & sole discretion of Neon Boxing Academy management.
- I agree that I VOLUNTARILY use Neon Boxing Academy’s facility & services & SIGN THIS AGREEMENT with FULL INTENT of abiding by the stated terms & conditions, including releasing Neon Boxing Academy, its employees, volunteers, & agents, of liability or loss due to inherent risk of the activity or due to ordinary negligence of the provider.
- I UNDERSTAND that I am signing a LEGAL CONTRACT RELINQUISHING CERTAIN LEGAL RIGHTS, including the right of financial recovery in the event of injury, illness or ill-health brought about from my use of Neon Boxing Academy facilities or services.
- This agreement SUPERSEDES all previous oral or written promises or agreements. If any part of this agreement is deemed to be void, this will have NO EFFECT on the remainder of the agreement.Version 1.0
Updated November 2023
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DDR Service Agreement
TERMS AND CONDITIONS
This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with Payrix Australia and the Business. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form:
I/We hereby authorize Payrix Australia (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of the “Business” as indicated on the front of this Direct Debit Request (herein referred to as the Business)
I/We acknowledge that Payrix Australia is acting as a Direct Debit Agent for the Business and that Payrix Australia does not provide any goods or services and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
I/We acknowledge that Payrix Australia and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. Payrix Australia and the Business will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
I/We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with the Business.
I/We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial institution.
I/We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial institution. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Payrix Australia will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We Acknowledge that there may be a delay in processing if:
1) There is a public or bank holiday on the day, or any day after the debit date
2) A payment request is received by Payrix Australia on a day that is not a Banking Business Day
3) A payment request is received after normal operational hours, being 2.30pm Monday to Friday. Any payments
that fall due on any of the above will be processed on the next business day.
I/We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement. I/We authorise Payrix Australia
to vary the amount of the payments upon instructions from the Business.
I/We do not require Payrix Australia to notify me/us of such variations to the debit amount.
I/We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments.
I/We acknowledge that the Business is to provide 14 days notice if proposing to vary the terms of the debit arrangements.
I/We acknowledge that variations to the debit arrangement will be directed to the Business.
I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming you are advised to contact your financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Payrix Australia.
I/We authorise Payrix Australia to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that if specified by the Business, a setup, variation, dishonour, SMS or processing fees may apply as instructed by the Business.
I/We authorise:
1) The Debit User to verify details of my/our account with my/our financial institution
2) The Financial Institution to release information allowing the Debit User to verify my/our account details.
Payrix Australia
ABN: 63 135 196 397
P.O Box 6290, Upper Mt Gravatt, Queensland 4122
Ph: 07 3040 4320 Fax: 07 3343 8590