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Terms and Conditions

MEMBERSHIP TERMS

  1. KONG AU reserves the right to amend terms & conditions of membership, hours of operation, services offered and all fees and charges, at any time, at its sole discretion. Reasonable notice will be provided of any upcoming changes, of no less than 30 days. Changes will be communicated to you via either or all of the following platforms: Wodify announcements, our website, social media or email to your address registered with Wodify.
  2. Members are obligated to participate and use the facility in accordance with the ?Box Rules? and the box rules have been enclosed. (For full terms & conditions please refer to the website www.kongau.com.au/terms-conditions).
  3. It is your responsibility to correctly use the equipment/facility, as well as minimise the wear and tear to equipment throughout the term of your membership. If you are in doubt about how to correctly use the equipment, ask one of our CrossFit certified coaches and cease use until you receive clarification.
  4. It is the member's responsibility to inform KONG AU of any changes to your contact details, next of kin or payment information.
  5. The Member must not complete any classes or use the facility in any way prior to signing the KONG AU?s waiver form. Members have the option to choose a billing cycle from the following: weekly, fortnightly or monthly payments.
  6. If there any outstanding payments or issues with billing, KONG AU reserves the right to discontinue the service offering and suspend access until the issue is rectified.
  7. Members may receive various marketing material via email, you can unsubscribe at any time.
  8. By purchasing any products or services offered by KONG AU you give your permission for KONG AU to use any photographs/media/audio that you appear/feature in for promotion/marketing purposes.
  9. KONG AU reserves the right to decline membership to anyone for any reason.
  10. KONG Au reserves the right to decline membership to anyone who has a criminal record history.

MEMBERSHIP DURATION & MINIMUM TERM - Unlimited Membership

  1. The minimum term/duration of any membership is one month. Unless it is the "Flexible" Membership which is 14 days.
  2. Memberships automatically continue month to month unless an end date or a number of months have been set up against the member's file.
  3. If a member intends to cancel a membership, the member must provide written notice 30 days prior to the cancellation date or submit a cancellation form via the website (www.kongau.com.au/request-cancellation). The 12 month membership cannot be cancelled before the term of the contract. If the 12month membership needs to be cancelled the member has the option to payout the remaining membership fee for the term remaining on the contract.
  4. If a member intends to hold (suspend) their membership written notice or submit a membership hold form via the website (www.kongau.com.au/request-membership-hold) must be provided 7 days prior to the hold start date and should include the date the membership is to resume. The member must return their access card for the period of the hold.
  5. The 12 month contract can be held for a maximum of 1 month.
  6. All 24/7 access memberships cancelled must return the access card before the end of the cancellation date nominated. KONG Au reserves the right the charge an additional $10 card replacement fee for damaged/lost or non returned access cards after the cancellation end date.

MEMBERSHIP DURATION - 'Limited Membership' '10 Class pass' 'Jumpstart Membership'

  1. 10 CLASS PASS - A total of 10 classes over a maximum period of 6 months.
  2. JUMPSTART Membership - 4 classes over a maximum of 14 days.
  3. LIMITED Membership - 3 classes within a 7 day period Monday to Sunday. Classes cannot be accrued (i.e 2 classes one week, 4 classes the next week)

MINIMUM AGE REQUIREMENTS

The minimum age is 14 (fourteen)All members under the age of 18 requires the consent of a parent or guardian and the waiver must be signed by the parent or guardian.

PAYMENT TERMS

  1. The membership cost is $49 per week for Unlimted "Fixed", $53 per week "Flexible" & $45 per week "Fixed" individuals and $45 each when there is more than one person from one family (immediate relatives) or romantic partners.
  2. The 12 month locked in contract is $195 a month.
  3. The member has the option to select the billing cycle between weekly, fortnightly or monthly.
  4. Members have the option to select from various payment methods including direct debits, credit cards or debit cards. Cash and bank cheques are not available for memberships.
  5. Gym Mate uses Ezidebit as the third party payment facilitator. Ezidebit charges transaction fees, which is in addition to the membership cost and is at the expense of the member depending on the payment option selected. Below details the transaction fees:
  6. Ezidebit will debit the funds based on the billing cycle selected and the day of the week that the membership was purchased originally. If the payment is unsuccessful for whatever reason, Ezidebit still charges the above-mentioned transaction fees as well as a failed payment fee of $11.90. Wodify will notify you that there is a billing issue and Ezidebit will attempt to debit the payment every night until it is successful. In the event that the payment cannot be made, KONG AU reserve the right to decline the service offering until it can be rectified.
  7. Ezidebit fees are not charged by KONG AU directly and therefore will not appear on the invoices.

BOX RULES/GYM ETIQUETTE

  1. Be signed in and ready to start at the scheduled class time.
  2. Respect the Coach when he is talking and offer your full attention and reframe from talking in a non-construction manner.
  3. All bags must be stored in the designated bag racks, NOT on the box floor.
  4. Remove all jewelry on hands and wrists to reduce damage to the equipment or potential for injury.
  5. If you don?t intend on attending the class, ensure you cancel your reservation no later than 1 hour prior to the commencement of the class.
  6. Adhere to any instruction or restriction advised by the Coach, for your personal safety.
  7. All equipment used during the class MUST be clean and returned to the designated storage locations.
  8. No calls are to be made during class times unless discussed with the Coach prior to the class.
  9. All barbells MUST be secured with clips and if barbells are loaded with only 5kg plates they CANNOT be dropped.
  10. Leave your EGO at the door. CrossFit tends to bring out your competitive side. Resist the urge to not do movements to full range of motion or shave reps to catch fellow athletes scores. Be humble and a good sport.
  11. Chalk is to be applied to your hands only within the confines of the buckets provided. Do not apply chalk directly to equipment or move the chalk buckets out of reach of other members or in the line of fire for equipment. If you make a mess, clean it up.
  12. Keep all amenities in a clean and if you are showing etc. Be mindful of the time as other members may be waiting to use the facilities.
  13. Bring a positive attitude that will make the experience pleasant for all. Encourage all members and reframe from negative comments towards others. Go out of your way to be inclusive, in particular help new members feel welcomed and part of the Kong family.
  14. Communicate with the Coach. If you aren?t sure ASK, if it feels wrong ASK, if you haven?t done a movement or used a piece of equipment ASK.
  15. Any WOD?s that include running, be sure to adhere to all road rules and right of way.
  16. All children (under 14) must remain in the Kids area for the duration of the class, unless directly supervised by a parent/guardian.
  17. Let the Coach, Coach and remember there is only one Coach per a class. So leave the coaching to them.
  18. The box is not to be used for ?Open Gym? during scheduled class times (mobility, stretching etc. excluded)
New Member Liability Waiver

I,  the participant, or Participant’s parent or legal guardian if Participant is under the age of 18 years, have requested the use of Kong Au’s facilities and/or equipment, or the purchase or provision of lessons, instruction and/or training related to weightlifting, powerlifting, olympic lifting, gymnastics, plyometrics, callisthenics, running, swimming, rowing, biking, climbing, jumping, throwing, diet, nutrition, injury prevention, and/or activities incidental thereto individually and collectively ("CrossFit Activities”) and the use of equipment and facilities at 21/21 Ryan Avenue, SINGLETON NSW 2330 and/or any public or private location (collectively “Facilities and Equipment”). I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents and injuries can occur during CrossFit Activities at the Facilities and/or through the use of the Facilities and Equipment in which those CrossFit Activities are held, whenever or however they occur and for such period said activities may continue.  I further understand and acknowledge that attending, participating in, volunteering at or spectating at CrossFit Activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these CrossFit Activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR  PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING A KONG AU EVENT OR OTHER CROSSFIT ACTIVITY AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A  SIMILAR WAIVER AND RELEASE FROM LIABILITY. [initial]

I understand that I will not be permitted to Participate in CrossFit Activities without executing this Waiver and Release. As a condition of my Participation in CrossFit Activities, I grant KONG AU, and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my Participation in CrossFit Activities and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to KONG AU or any Activities at or related to CrossFit, including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release KONG AU and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.

I understand that the training may involve weightlifting, gymnastics movements, strenuous bodyweight exercises and other high exertion activities, and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during my training session. I understand that should I feel light-headed, faint, dizzy, nauseated, or experience pain or discomfort, I am to stop the activity and inform my trainer.

I understand that KONG AU is not responsible for any of my belongings left on sight, any theft of personal property will be investigated using the CCTV system and appropriate actions will be taken to retrieve your belongings. In the event that belongings cannot be retrieved KONG AU is not liable for replacement or reimbursement of the items stolen or damaged. Individuals can chose to alert law enforcing authorities to further investigate the theft/damage to their property.

I understand and agree that this Agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims or damages to him/her that have arisen or may have arisen from any matters, acts, omissions or dealings released in this agreement, including but not limited to the use of the photographs and Likeness Rights. The undersigned acknowledges that he/she is aware that he/she may hereafter discover facts in addition to, or different from, those which he/she now knows or believes to be true, but it is his/her intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein.

The participant recognises that there is risk involved in the types of activities offered by KONG AU. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless KONG AU, their principals, agents, employees, trainers, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by KONG AU, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by KONG AU.

By agreeing to the terms, the undersigned also waives any and all rights he/she may have, independently or on my behalf, in connection with my image or likeness on such photograph(s) and Likeness Rights, and consents to, joins with and ratifies all grants of permission, waivers, discharges and releases set forth herein above.

I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering at or spectating at CrossFit Activities, and/or which arise out of  or are connected in any way with my use of, or my presence at the Facility(ies) at which (those) activities are held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, or other acts or failure to act of those persons or entities.

I HEREBY AFFIRM AND ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT.  I HEREBY AFFIRM AND ACKNOWLEDGE THAT I UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND THEREBY.  IF I AM UNDER THE AGE OF EIGHTEEN YEARS, MY PARENT/GUARDIAN HAS READ AND COMPLETED THE BELOW AND SIGNED ON MY BEHALF.

PARENTAL CONSENT AND RELEASE

The undersigned parent/nature/legal guardian of [Initial]  (“Participant/guardian”) hereby executes the foregoing Waiver and Release on behalf of the minor named herein. I hereby bind myself; the minor named herein, his/her executor, administrators, heirs, successors, assigns, and next of kin, to the terms of  this Waiver and Release. I represent that I have the legal capacity and authority to act for, or on behalf of, the minor named herein.  I agree to indemnify and hold harmless the persons and entities named herein from any claims and liabilities, which may be assessed against them as a result of, or arising out of my  legal capacity or my authority to act for and on behalf of the minor named herein in the execution of the Waiver and Release or my execution of the Waiver and Release. 

Confirm member signature.
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