Membership Terms and Conditions

MEMBERSHIP TERMS AND CONDITIONS (“Terms”).
These terms, together with any gym rules and your accepted Glofox waiver and payment authority make up the terms of an agreement (Agreement) between the member named in the Glofox membership Application (You) and The Boxing Cartel Gym. By completing the Glofox registration and the payment authority, you acknowledge that you have accepted these Terms. If you have any questions, please ask The Boxing Cartel Gym.

 

MEMBERSHIP AND ACCESS

1. Your membership will start once your membership has been paid for, provided that:

(a) You have completed the registration process and payment authority; and

(b) We have verified your payment method as set out in your membership application.

 

2. You are committed to your membership from the start date for the entire duration as set out in your Membership Application.
3. If there is no “lock in” contract date stated, this means your membership is flexible to cancel when desired. 14 days’ notice for cancellation of membership is required.

 

3. Your membership may be placed on suspension for a limited period. Any period for which your membership is suspended will extend the commitment period set out in your membership application for the same time period as the duration of the period in

which your membership is suspended.

 

4. Your membership will automatically renew for further weekly periods unless your membership is terminated in accordance with this agreement.

 

 

5. Upon termination of your membership, all entitlements arising because of your membership immediately cease to exist.

 

6. Your membership is not transferable to any other person and is personal to you.

 

7. These terms and conditions may be amended from time to time in the absolute discretion of The Boxing Cartel Gym, and upon notice of such amendments being provided to you in writing they will become binding upon you. A copy of any amended or current terms and conditions may be obtained from The Boxing Cartel Gym premises upon request.

 

9. Late class cancellations and no shows will be charged.

 

10. Please note that The Boxing Cartel will be closed on all public holidays, and as such, no refunds or extensions will be provided for any periods of closure falling on public holidays during the term of your membership.

 

11. Memberships do not qualify for refunds, rollovers, or extensions for missed gym sessions, including those due to illness, personal reasons, or any other circumstances.

 

12. Memberships may be paused for a maximum of one month at a time, up to three times a year. Notice of a minimum 7 days is required before the desired pause period. Upon completion of the paused period, the membership will automatically renew, and payments will resume as scheduled.

 

MEMBERSHIP FACILITIES

13. Classes and instructors are subject to change without prior notification.
14. You must not:
(a) tamper with or damage any of the equipment or property at the facilities;
(b) access the premises or use the services or equipment if affected by drugs and/or alcohol;
(c) exceed the recommended loads and capacity limits of the equipment;
(d) use the equipment other than in accordance with the instructions and specifications for that equipment; and
(e) use or carry any illegal, prohibited, or dangerous substances or materials into or on the premises.
(f) Participate in any activity other than in accordance with The Boxing Cartel Gym instructions and directions.
15. To participate in certain activities, you acknowledge and agree that you must agree to abide by and follow the rules and regulations established by the Victorian Boxing and Combat Sports Board and any other applicable rules provided by The Boxing Cartel Gym from time to time.

 

PAYMENT DETAILS

16. You must pay all membership fees in advance as set out in your selected on your payment authority form or Glofox membership application.
17. Fees will be deducted weekly from your credit card or direct debit account as set out in your Payment Authority Form or on your Glofox registration. If your membership dues remain outstanding for any period after they are due for payment you will not be permitted to access the facilities until they are paid.
18. The Boxing Cartel Gym reserves the right to review and change membership fees from time to time and to change them at its discretion. The Boxing Cartel Gym will provide you with at least 7 days notice of any such change and the relevant date from which the change will apply. Any fees or charges that may be payable for additional services, such as personal training will be added to the amount of your direct debit payment at the time of signing up for such services, and you hereby consent to any such fees being added to your direct debit payment.

 

HEALTH AND SAFETY

19. Exercising and use of The Boxing Cartel Gym facilities may involve the risk of injury and you acknowledge and agree that you exercise and use the facilities at your own risk. You are responsible for monitoring your physical health conditions at all times and agree to exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.
20. It is recommended that you visit your doctor prior to commencing a regular exercise program. It is also strongly recommended that all The Boxing Cartel Gym members are covered by ambulance insurance.
21. If you are female and are pregnant or consider that you may be pregnant, you must notify The Boxing Cartel Gym staff prior to the commencement of any classes or equipment use.
22. All relevant injuries/illnesses should be promptly declared to a staff member so that a safe and beneficial program can be written for you taking any such injuries or illnesses
23. If you sustain any relevant injuries/illnesses you should advise a staff member as early as possible so that a safe program can be provided for you taking into account of any such injuries or illnesses.
24. You give permission for The Boxing Cartel Gym staff to seek medical assistance at your expense in an emergency if such assistance is reasonably considered to be required.
25. Please inform The Boxing Cartel staff of any medical changes that may occur while you are a member.
26. No advice provided by a staff member should be taken as medical advice. Always consult a health care practitioner to determine the best course of action for you.
27. The Boxing Cartel reserves the right to refuse use of the facilities at any time should it be concerned about a member’s state of physical health or the health and safety of other members. You give permission for The Boxing Cartel staff to seek medical assistance at your expense in an emergency if required.

 

TERMINATION

28. After the commitment period set out in your Membership Application Form, you may terminate your membership by providing two weeks written notice to The Boxing Cartel.
29. The Boxing Cartel reserves the right to terminate your membership immediately without warning if you have behaved in a way that The Boxing Cartel believes is risky or seriously inappropriate, including but not limited to conduct of the following nature:

(a) threatening or harassing other members or staff;

(b) vandalism or deliberate damage to property or equipment;

(c) non–adherence to this Agreement and/ or the rules applicable to the facilities from time to time;

(d) refusal to comply with the instructions of staff in relation to policy, procedures or safety;

(e) inappropriate behaviour towards other members or staff; or

(f) allowing non-members access to the facilities.

30. The Boxing Cartel may without notice terminate your membership or refuse entry if you are in breach of this Agreement or for failure to pay any money owed to it. In the case of termination of membership for any of the behaviours listed above, no part of the funds paid to The Boxing Cartel shall be refunded.
31. The Boxing Cartel reserves the right to collect any membership fees that are outstanding when your membership is terminated.

(a) The Boxing Cartel may use a third party to assist in the collection of outstanding fees.

32. This Agreement and your membership shall be terminated at the election of The Boxing Cartel if provision of the services is prevented by fire, flood, drought, frost, strike or other causes beyond the reasonable control of The Boxing Cartel, and in such circumstances you will not be entitled to any compensation.

 

LIABILITY

33. The Boxing Cartel accepts no liability for any damage, loss, illness or injury resulting from the use of the facilities by members or guests to the maximum extent permitted by law, howsoever that may have been caused, save for death or personal injury caused by The Boxing Cartel’s gross negligence.

 

34. The services provided to you will be provided with due care and skill, be fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and will be free from any defect rendering them unfit for the purposes for which our services are commonly acquired.
35. To the extent permitted by law, unless The Boxing Cartel has breached these obligations it will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by it to you.
36. To the extent permitted by any applicable legislation including but not limited to the Competition and Consumer Act 2010 (as amended from time to time) (the Act) the sole warranties are those set out in this Agreement.
37. If the services or The Boxing Cartel  equipment is in any way defective, the liability of The Boxing Cartel to the extent permitted by law will be limited to (at its election) replacement of the equipment or the re-supply of equivalent services or refund. This shall be the sole and exclusive remedy available to you.
38. You acknowledge that, to the extent permitted by law, in no circumstances shall The Boxing Cartel have any liability arising from or as a result of any delay in the provision of any services or access to any equipment to you.
39. You release, indemnify and hold harmless The Boxing Cartel from any liability and any claim in respect of services or use of the equipment and the facilities by you whether or not the loss or damage arises in connection with any negligence, default misrepresentation, lack of care or other cause on the part of The Boxing Cartel or any of its representatives. To the extent permitted by law, The Boxing Cartel is not liable for any special, indirect or consequential loss or damages suffered by you.
40. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.
41. You use the facilities on the express understanding and acknowledge that it is at your own risk.
42. You acknowledge that The Boxing Cartel is not responsible for your personal property while on the premises. You must ensure that your personal property is securely locked to prevent it from getting lost, stolen or damaged.

 

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

43. In this warning, references to “the supplier” mean The Boxing Cartel, and references to “you” mean you and your child (if you have agreed to these Terms on behalf of a child). Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you:

(a) are rendered with due care and skill; and

(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

(c) might reasonably be expected to achieve any result you have made known to the supplier.

44. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you enter into this Agreement, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
45. The change to your rights, as set out in this Agreement, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

 

WAIVER, RELEASE AND INDEMNITY

46. You acknowledge that there are dangers and risks inherent with participating in classes and using the equipment at The Boxing Cartel and any specialised classes, courses, and workshops that is conducted within or external to The Boxing Cartel to which you may be exposed by accessing the facilities. You understand and acknowledge that these activities involve some degree of risk of personal injury. You hereby represent and warrant to The Boxing Cartel that you are medically sound and capable of performing all classes and equipment which are offered and you use, and you hereby assume all risk of physical and mental injuries, disabilities and losses which may result directly or indirectly from your participation in any such activity.
47. You agree that you are participating in any activity at your own risk and you voluntarily assume responsibility for any injury, death or property damage you may suffer because of your participation in the activity. You agree that if you are signing this Agreement on behalf of a minor, you agree for the minor to participate in the Activity voluntarily and that you accept all responsibility for the minor’s health and any results or injuries that may affect the minor’s well-being or health in any way.
48. To the maximum extent of the law, you hereby waive any claims, demands, causes of action or any claims for relief, and release and indemnify The Boxing Cartel and its officers, servants and agents from any and all liability, claims, and/ or causes of action that you or any minor for whom you are signing this agreement may have for injuries or other damages, arising out of participation in any activity provided by The Boxing Cartel.
49. You agree that if you are pregnant or may be pregnant, you must seek your own medical advice before participating in any activities and that you accept all responsibility for any injuries that may affect your well-being or health in any way.
50. You agree that you are using the facilities, equipment and the classes offered at the facilities on the express condition that The Boxing Cartel and its officers, servants and agents

(a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to you whatsoever which may happen because of your use of the facilities, classes and equipment; and

(b) will not incur or be under any liability whatsoever to you for any loss, damage or injury to or in respect of any of your property, except as occasioned by the gross negligence, acts or omissions of The Boxing Cartel, or its servants, agents, contractors, or invitees.

51. You recognise that there is risk involved in any activity provided at the facilities. You voluntarily assume any such risk and accept full responsibility for any death, loss, accident, damage or injury to you whatsoever arising out of your participation. You agree that to the maximum extent permitted by law neither you, your family, heirs, successors, assigns, or anyone claiming any interest through you (or your minor), will bring any legal action whatsoever against The Boxing Cartel, its officers, servants and agents, as a result of any such death, loss, accident, damage or injury to you (or your minor) which arises out of participation in any such activities.

 

GENERAL

52. The personal information provided by you in this agreement will be used to process your membership application. In order to verify your personal information you may be required to provide proof of identification, such as a drivers licence. You have the right to access and correct any of your personal information. The Boxing Cartel will not disclose your personal information to any other organisation or person unless there is a legal requirement to do so and will keep your personal information private and confidential.
53. You must notify us in writing if there is any change to your membership details.
54. By entering into this Agreement, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.
55. Any failure or election by The Boxing Cartel to decline to enforce any of the terms of this Agreement shall not be construed as a waiver of any of its rights which are reserved in any event.
56. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Agreement without affecting the enforceability of the remaining terms.

 

SOCIAL

57. You acknowledge that by participating in any activities you grant permission to The Boxing Cartel to use your name, photograph, image, audio or video recording and likeness in all forms and manner for the purposes of advertising, media publicity, promotions, general display. You waive any hereby assign to The Boxing Cartel any interest that you may have in such image or recording the Photos now or at any future time and acknowledge that you are not entitled, nor shall in the future be entitled, to receive any payment or consideration in respect of it and agree to make no claim against The Boxing Cartel or its officers, servants and agents in respect of any use by The Boxing Cartel of any such image or recording.