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Terms and Conditions

K MARTIAL ARTS

MEMBERSHIP TERMS & CONDITIONS

K Martial Arts Pty Ltd
210 Dorset Road, Boronia VIC 3155

These Membership Terms and Conditions apply to all K Martial Arts memberships. Where a member is under 18 years of age, the member's parent or legal guardian is responsible for entering into and complying with the membership agreement on the member's behalf.

By joining K Martial Arts, the member and/or their parent or legal guardian confirms that they have read, understood and agreed to these Terms and Conditions.

1. MEMBERSHIP

K Martial Arts provides Taekwondo training through age- and level-appropriate classes.

Membership provides access to the number and type of classes included in the membership selected at enrolment. Membership is not a pay-per-attendance arrangement. Membership fees secure the member's ongoing access to the applicable K Martial Arts training program, subject to these Terms and Conditions.

Class timetables, instructors, training areas and program arrangements may change from time to time according to operational requirements.

2. MEMBERSHIP OPTIONS

K Martial Arts offers membership options based on training frequency, including:

  • 1 Class per Week

  • 2 Classes per Week

  • 3 Classes per Week

  • Athlete Membership – Unlimited Training

The applicable membership fee is the fee agreed at the time of enrolment.

Standard memberships provide access to regular classes appropriate to the member's age and level.

Certain specialised programs, including designated Athlete, Poomsae, Sparring or other advanced training sessions, may be restricted to eligible members or specific membership types.

Membership options, class inclusions and fees may be updated from time to time.

3. MINIMUM MEMBERSHIP PERIOD

Ongoing memberships have a minimum commitment period of three (3) months from the membership commencement date.

A membership cannot ordinarily be cancelled during the initial three-month minimum period.

In exceptional circumstances, K Martial Arts may consider an early cancellation request at its discretion and subject to applicable law.

4. MEMBERSHIP PAYMENTS

Membership fees may be paid through an approved payment arrangement, including fortnightly or monthly Direct Debit where available.

By selecting Direct Debit, the account holder authorises the nominated payment provider to debit membership fees from the nominated bank account or card in accordance with the agreed payment schedule.

Members are responsible for ensuring sufficient funds are available on the scheduled payment date and that their payment details remain current.

Any dishonour, failed-payment or processing fee imposed directly by the external payment provider is subject to that provider's applicable terms and charges.

5. MEMBERSHIP FEE STRUCTURE

K Martial Arts operates an annual membership fee model.

Membership fees are calculated based on approximately 11 months of available training across the year, allowing for K Martial Arts' annual summer closure, and the annual amount is divided into regular instalments for convenient payment.

Where monthly payments are selected, the annual membership fee is divided into 12 instalments.

Where fortnightly payments are selected, the annual membership fee is divided into 26 instalments.

Accordingly, payments may continue during scheduled closure periods. Instalments represent portions of the annual membership fee and are not payments for individual classes, weeks or months of attendance.

Public holidays, scheduled closures and the annual summer break do not ordinarily result in membership credits, refunds or suspension of instalments.

6. NON-ATTENDANCE AND MISSED CLASSES

Membership fees secure access to the member's agreed training program and are not calculated according to actual attendance.

Accordingly, refunds or account credits are not ordinarily provided for classes missed because of personal commitments, holidays, school activities, illness, changes in schedule or other circumstances relating to the individual member.

Where appropriate and subject to timetable availability, members may speak with K Martial Arts about attending an alternative suitable class.

K Martial Arts does not guarantee that a make-up class will always be available.

Nothing in this clause limits any rights a member may have under applicable law.

7. FAMILY DISCOUNTS

Family discounts are available to immediate family members who maintain active memberships with K Martial Arts.

The following family discount structure applies:

  • First and second family members: Each receives a 5% discount on their applicable membership fee.

  • Third and subsequent family members: Each receives a 50% discount on their applicable membership fee.

Family discounts apply to membership fees only and do not apply to uniforms, equipment, grading fees, annual insurance, competitions, seminars, camps, events or other products and services.

The family discount applies only while the required family members maintain active memberships with K Martial Arts. If a family member cancels or otherwise ceases their membership, the remaining memberships may be recalculated according to the family discount structure for which they remain eligible.

Family discounts cannot ordinarily be combined with other membership discounts or promotional offers unless expressly approved by K Martial Arts.

8. LONG-TERM / PREPAID MEMBERSHIPS

Where offered, K Martial Arts may provide discounted prepaid memberships for a specified membership period.

The applicable membership period, discount and total amount payable will be confirmed before purchase.

Prepaid membership fees must be paid in accordance with the agreed payment terms.

Except where required by law or expressly agreed by K Martial Arts, prepaid membership fees are not refundable merely because a member chooses not to attend or wishes to discontinue training before the end of the prepaid period.

Any suspension or extension of a prepaid membership is subject to K Martial Arts' applicable suspension policy.

9. SUSPENSION OF MEMBERSHIP

Members may request to suspend their membership for a minimum period of two (2) weeks.

Suspension requests must be submitted in writing using the applicable Customer Request Form or another method approved by K Martial Arts.

Membership fees must be up to date before a suspension can commence.

A suspension administration fee of $5 per fortnight applies during an approved suspension period.

Unless otherwise approved by K Martial Arts, suspensions cannot be backdated.

The maximum cumulative suspension period is ordinarily three (3) months, unless otherwise approved due to exceptional circumstances.

Suspension may affect a student's curriculum progress, grading eligibility or preparation for events.

10. CANCELLATION OF MEMBERSHIP

After completion of the minimum three-month membership period, members may cancel their ongoing membership by providing at least twenty (20) business days' written notice.

Cancellation must be requested using the applicable K Martial Arts Customer Request/Cancellation Form.

The notice period begins when K Martial Arts receives the completed cancellation request.

Membership fees remain payable throughout the notice period, and the member may continue training until their confirmed final membership date.

Non-attendance does not constitute cancellation of membership.

Verbal notice, stopping attendance, cancelling a Direct Debit instruction or advising an instructor that the member intends to stop training does not replace the required cancellation process.

Outstanding membership fees remain payable up to the effective cancellation date.

11. REJOINING AFTER CANCELLATION

A former member who cancels and subsequently wishes to return will be treated as a returning member.

The membership fees, timetable, programs and policies applicable at the time of rejoining will apply.

Any previous promotional, discounted, loyalty or legacy membership rate is not guaranteed to continue after cancellation.

Where applicable, a rejoining fee may apply and will be advised before the new membership commences.

12. MEMBERSHIP CHANGES

Requests to upgrade, downgrade or otherwise change a membership must be made in writing.

Changes are subject to class availability, eligibility and the membership options available at the time of the request.

Any applicable change in membership fees will be communicated before the change takes effect.

13. ANNUAL STUDENT ACCIDENT INSURANCE

Student accident insurance arranged through K Martial Arts' nominated provider is compulsory for participating members unless K Martial Arts confirms otherwise.

Insurance is renewed according to the applicable annual insurance period rather than the individual member's joining date.

Members joining partway through an insurance period may therefore still be required to pay the applicable annual insurance fee.

The insurance fee is not ordinarily calculated on a pro-rata basis.

Insurance coverage is subject to the insurer's policy terms, eligibility requirements, exclusions, limits and claims procedures.

Insurance is intended to provide applicable accident coverage and should not be considered a replacement for Medicare, private health insurance or other personal insurance arrangements.

Any injury that may result in an insurance claim should be reported to K Martial Arts as soon as reasonably possible so that an incident report can be completed.

Claims are assessed and determined by the insurer rather than K Martial Arts.

14. GRADING, EQUIPMENT AND ADDITIONAL FEES

Membership fees do not automatically include additional products, services or activities unless specifically stated as part of the member's membership.

Additional charges may apply for items or activities including:

  • uniforms and equipment;

  • grading;

  • protective equipment;

  • competitions;

  • seminars;

  • camps;

  • special events; and

  • annual student accident insurance.

Applicable fees will be communicated separately.

Participation in grading is subject to eligibility and is not guaranteed solely because membership fees have been paid.

15. CODE OF CONDUCT

Members are expected to conduct themselves respectfully and responsibly while attending K Martial Arts or representing the Club.

Members must:

  • follow reasonable instructions from instructors and staff;

  • show courtesy and respect towards instructors, staff, students and visitors;

  • refrain from abusive, threatening, discriminatory or inappropriate behaviour;

  • use equipment and facilities appropriately;

  • consider their own safety and the safety of others; and

  • comply with applicable K Martial Arts training and safety rules.

K Martial Arts may take reasonable action in response to serious or repeated breaches of conduct, including restricting participation, suspending training or terminating membership where appropriate.

16. UNIFORM AND TRAINING REQUIREMENTS

Members must wear the appropriate K Martial Arts uniform and belt during training unless otherwise instructed.

For safety reasons, jewellery and other unsafe items must be removed before training.

Members must maintain appropriate personal hygiene, including keeping fingernails and toenails clean and appropriately trimmed.

Members participating in contact training must use any protective equipment required by the instructor.

17. HEALTH AND SAFETY

Members and/or their parent or legal guardian are responsible for informing K Martial Arts of any relevant injury, medical condition, allergy, medication, disability or physical limitation that may reasonably affect safe participation.

Members must notify an instructor if they become injured, unwell or unable to participate safely during training.

K Martial Arts may modify, restrict or stop a member's participation in an activity where an instructor reasonably considers this necessary for the member's safety or the safety of others.

Members requiring medication, such as an asthma inhaler, should ensure it is accessible during training and inform the instructor where appropriate.

18. CHILDREN AND SUPERVISION

Parents and guardians are responsible for ensuring appropriate arrangements are made for the safe arrival and collection of children.

Children should not be left at K Martial Arts substantially before or after their scheduled class unless prior arrangements have been made.

K Martial Arts is responsible for supervision during the applicable scheduled class or approved program rather than providing general childcare outside those times.

19. PERSONAL BELONGINGS AND PROPERTY

Members are responsible for their personal belongings while attending K Martial Arts.

K Martial Arts does not provide secure lockers and, to the extent permitted by law, does not accept responsibility for personal belongings that are lost, stolen or damaged.

Any damage deliberately or negligently caused to K Martial Arts property may be charged to the responsible person to the extent permitted by law.

20. PHOTOGRAPHY AND MEDIA

K Martial Arts may take photographs or videos during classes, gradings, competitions, demonstrations, events and other Club activities for legitimate Club communication, promotional and social media purposes.

Members or parents/guardians who do not wish themselves or their child to appear in promotional media should notify K Martial Arts in writing.

K Martial Arts will make reasonable efforts to respect such requests. However, complete exclusion from incidental group photographs or footage may not always be possible.

21. CLASS TIMETABLE AND INSTRUCTORS

K Martial Arts may make reasonable changes to class timetables, instructors, training locations within its facilities, class structures and programs according to operational requirements.

Membership does not guarantee that a particular instructor will teach a particular class.

Where significant timetable changes affect a member's usual class, K Martial Arts will endeavour to provide reasonable notice where practicable.

22. CLOSURES AND PUBLIC HOLIDAYS

K Martial Arts may close on public holidays and for scheduled annual closures, including an annual summer break of approximately four weeks.

These planned closures form part of the annual membership structure and do not ordinarily result in a reduction, refund or pause of membership instalments.

K Martial Arts may also occasionally need to cancel or relocate classes because of circumstances such as facility issues, emergencies, maintenance, events or other circumstances reasonably outside normal operations.

Where practicable, members will be notified of significant unscheduled closures or changes.

23. CONTACT INFORMATION AND COMMUNICATION

Members and parents/guardians are responsible for keeping their contact information current, including their telephone number and email address.

K Martial Arts may communicate important membership information, timetable changes, events, fee information and policy updates through email, SMS, its website, social media, member-management systems or other official communication channels.

Members are encouraged to regularly review communications from K Martial Arts.

24. LIABILITY AND ACKNOWLEDGEMENT OF RISK

Taekwondo is a physical martial art and participation involves inherent risks, including physical contact and the possibility of injury.

Members are required to complete the applicable K Martial Arts Waiver and Acknowledgement of Risk.

To the extent permitted by law, members acknowledge and voluntarily accept the inherent and obvious risks ordinarily associated with participating in Taekwondo and martial arts training.

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, statutory right, liability or remedy that cannot lawfully be excluded, restricted or modified under applicable law.

25. CHANGES TO MEMBERSHIP FEES

K Martial Arts may review and change membership fees from time to time.

Where an ongoing member's membership fee is to change, K Martial Arts will provide reasonable advance notice before the new fee takes effect.

Any applicable contractual or statutory notice requirements will be observed.

26. AMENDMENTS TO TERMS AND CONDITIONS

K Martial Arts may reasonably update these Terms and Conditions from time to time to reflect changes to its programs, operations, fees, legal requirements or policies.

Where a change materially affects an existing member's rights or obligations, K Martial Arts will provide reasonable notice before the change takes effect where required.

The current version of the Terms and Conditions will be made available through K Martial Arts' applicable communication channels.

27. GOVERNING LAW

These Terms and Conditions are governed by the laws of the State of Victoria, Australia.

28. ACCEPTANCE OF TERMS

By completing a K Martial Arts membership registration and/or accepting these Terms and Conditions, the member or their parent/legal guardian confirms that they:

  • have read and understood these Terms and Conditions;

  • agree to comply with K Martial Arts' applicable rules and policies;

  • understand the membership and payment arrangement selected;

  • understand that membership fees are not calculated on a pay-per-attendance basis;

  • understand the applicable three-month minimum membership period;

  • understand the twenty (20) business day cancellation notice requirement;

  • understand that scheduled annual closures form part of the annual membership fee structure; and

  • have been given the opportunity to ask questions before entering into the membership.

For members under 18 years of age, the parent or legal guardian entering into the membership accepts responsibility for the membership agreement and applicable payment obligations.

By accepting these Terms and Conditions, I acknowledge that I have read, understood and agree to be bound by the K Martial Arts Membership Terms & Conditions.

New Member Liability Waiver

IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable consideration, the receipt of which is hereby acknowledged, I (the "Participant") agree with K Martial Arts of 210 Dorset Rd, Boronia, VIC 3155 (the "Activity Provider") to the following:

DETAILS OF ACTIVITY

1. The Participant will be participating in the following activity: Taekwondo lessons at Boronia (the "Activity") provided by the Activity Provider.

CONSIDERATION

2. Being of lawful age and in consideration of being permitted to participate in the Activity, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the Activity, and not withstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.

3. The Participant understands that the Participant would not be permitted to participate in the Activity unless the Participant signed this Waiver.

CONCURRENT RELEASE

4. The Participant acknowledges that this Waiver is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.

FITNESS TO PARTICIPATE

5. The Participant acknowledges to the Activity Provider that the Participant does not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant from participating in the Activity. If required, the Participant will obtain a medical examination and clearance.

FULL AND FINAL SETTLEMENT

6. The Participant acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3) theParticipant fully understands the risks and claims that the Participant is waiving to participate in the Activity, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the Activity.

GOVERNING LAW

7. This Waiver will be governed by and construed in accordance with the laws of the State of Victoria.

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