TERMS & CONDITIONS

Good Hoops Terms of Exercise and Membership

EXERCISE AGREEMENT

The Parties hereby expressly agree to the following terms as between them:

  1. From the date of this Agreement Good Hoops and the Member are hereby bound to the terms and conditions hereof.

Cooling Off

  1. The Member is entitled to a cooling off period from the date of this Agreement ending seven (7) calendar days later (at 11:59pm on that day), in which before that date and time the Member may terminate this Agreement by providing written notice of termination to Good Hoops. 

  2. If the Member terminates this Agreement during the Cooling Off the Parties relationship is at an end and no further sums referred to below are payable.

Member

  1. Membership to the Good Hoops training facility, hereinafter referred to as “the Facility” is a three (3) tier structure set out as Casual Visitor, Bronze and Silver. All levels allow members:

    1. access to the mezzanine in warehouse 10 only

    2. Access to the Facility during opening hours subject to availability

    3. Use of the court in warehouse 10 and warehouse 11

    4. Use of the Dr. Dish shooting machine in warehouse 10

It does NOT entitle the member to

  1. priority bookings (shooting machines)

  2. discounts

  3. free sessions (individuals, small groups)

  4. discounts for events (parties, Good Nights)

  1. The Member hereby agrees to pay the following fees in direct reference to the type and period of membership above:

    1. $ 10/month - Casual Visitor

    2. $29/week - Bronze Member

    3. $49/week - Silver Member

  2. The member agrees that a Casual Visitor membership does not grant credits for bookings and all appointments made for Good Hoops services are to be paid on an individual basis

  3. The member agrees that as a Bronze member they will receive one (1) credit per week to be used for either court hire OR Dr. Dish shooting machine. Additional sessions may be booked but will incur a fee.

  4. The member agrees that as a Silver member they will receive two (2) credits per week to be used for either court hire OR Dr. Dish shooting machine. Additional sessions may be booked but will incur a fee.


Authorisation

  1. The Member hereby agrees to authorise and direct Good Hoops to debit his/her credit card weekly/monthly for the period of this Agreement as set out in clause 4 for the amount referred to in clause 5 above.

  2. You hereby agree:

    1. to pay the fees that are set out above as and when due,

    2. that the fees will be payable for the full term subject to the conditions hereof

    3. and give consent to Us debiting your credit card or bank account for those fees.

  3. If You fail to pay Your fees and do not remedy that breach within fourteen (14) days, We may terminate this Agreement and claim the outstanding fees payable pursuant to the term of this Agreement plus interest at the rate set out by the Supreme Court of New South Wales plus costs on an indemnity basis.

  4. In the event this Agreement is terminated due to outstanding fees, a re-joining fee will apply for new memberships

  5. Members who terminate their Agreement will be subject to re-joining fees

  6. We may, at Our reasonable discretion, increase Our fees during Your term, and upon renewal those fees shall be applicable.

  7. You agree that as Casual Visitor, Bronzer or Silver member you are entitled to bring ONE (1) guest OR non-member without charge. Bringing more than ONE (1) guest may result in termination of this Agreement.

  8. You are prohibited to make bookings for the Facility on behalf of anyone other than You. You agree to not share your unique access PIN code to allow anyone other than You access to the Facility. Sharing of access (PIN) code or booking on behalf of others will result in immediate termination of this Agreement.

    Your Exercise and Your Physical Condition

By entering into this Agreement and/or by participating in any of the exercise services provided by Good Hoops, or any of its consultants, employees, agents or licensees of Good Hoops or any activity undertaken by You during unstaffed hours, You must ensure that You:

  1. are in good physical condition and 

  2. capable of undertaking the service provided, and 

  3. do not know of any medical condition or other reason why You should not undertake any of the programs.

  4. indemnify Us, and keep Us indemnified, in relation to all and any injuries, disabilities and or liabilities suffered by You, either directly or indirectly, whether before, during or after any of the training programs or when You are participating during unstaffed hours.

  1. The Member hereby agrees that if the Member does not feel that he/she is capable of undertaking the programs then he/she must not undertake the program and it is not a responsibility of Us to determine that.

  2. You further hereby agree to provide Us with any relevant health and fitness information about yourself before participating in any Program, during the course of any training or after participating in any training.

  3. You therefore promise that all information that You give Us regarding Your health will be true, accurate and not in any way misleading.

  4. You hereby agree that You shall not use any of Our services or undertake any training Programs if You are feeling ill, suffering from any illness, disease, injury or other condition of which You have not previously advised Us and that the risk thereof shall not be passed on to Us.

Suspension

  1. You may not transfer or assign the terms of this Agreement without Our prior written consent.

  2. You agree that the term of this Agreement is as set out herein and if You are to terminate the Agreement that You do so at Your own risk, and that You will be liable for not less than  100% of the fees set out herein should You terminate prior to the end of the term.

  3. Notwithstanding any other provision of this Agreement We may suspend or cancel this Agreement if We have reason to suspect that You have not complied with this clause.

  4. It is an essential term and condition of this Agreement that You agree to take care when using any of the equipment and undertake any of the training Programs and services provided by Us and that You do so safely and properly and that if You are ever unsure as to how to operate equipment or undertake a training Program You immediately bring that to Our attention and seek Our assistance.

  5. You hereby agree to observe, comply with and undertake, to act in accordance with any reasonable directions that We give You during the provision of the services to You.  You further agree that You must comply with any reasonable rules or directions that We provide You.

  6. You further acknowledge that if You breach any of these rules or reasonable directions that We may give You a warning, or suspend or cancel this Agreement.

  7. You further hereby acknowledge that We are engaged in commercial and business activities and that You are not prohibited to engage in any of the same or substantially similar commercial or business activities that We provide without Our prior written permission.

  8. You and We agree that any illegal, inappropriate, indecent or risky conduct shall not be tolerated and that We may suspend or terminate this Agreement should We believe You have undertaken any conduct that We consider inappropriate, acting reasonably.

  9. You agree that any guests you bring into the Facility who are not Members are the responsibility of You and that any illegal, inappropriate, indecent or risky conduct or damage is liable to You.

Privacy and Data use

  1. You acknowledge Our privacy policy, a copy of which has been provided to You upon entering into this Agreement (the 'Privacy Policy'), You agree to be bound by that Privacy Policy and You further understand that We may use the information that You have provided to advance Our business and commercial interests.

  2. By entering into this Agreement You consent to Us collecting and using the personal information in accordance with Our Privacy Policy and further that You understand that We may take photographs, films, videos or audio recordings from time to time in which You or child which You are the parent or guardian of may be a participant; that We may use to further Our commercial and business activities.

  3. For the avoidance of doubt if this Agreement is for a fixed term, and at the end of that fixed term You do not wish to proceed further, Your Agreement comes to an end.

End of Period and holding over

  1. If however at the end of the fixed term You continue to use Our services You will be charged on the basis that directly reflects your membership tier. This is week-to-week payment for Bronze or Silver memberships and month-to-month for Casual Visitor memberships.

  2. You hereby agree for Us to charge Your credit card in relation to the above holding over period 

  3. If at any time after the end of that term and during the holding over period You provide Us with 7 days’ notice, You may terminate the Agreement.

  4. You may however terminate this Agreement for medical reasons at any time, by providing Us with a written notice (together with suitable medical evidence by a medical practitioner) at which time Your membership will immediately cease.

  5. At any time during the term We may cancel this Agreement by providing You with not less than thirty (30) days written notice.

Our Liability to You

  1. We will deliver the training Program to you to the best of our ability and with reasonable diligence and in an efficient manner.

  2. You agree that We are not responsible in any way for any loss or damage caused to You during undertaking any of the training Programs or being provided the services by Us.

  3. You agree that You are responsible for Your own equipment and that We are not responsible at all for any unlawful act, theft or other misplacement of Your personal items.

  4. You acknowledge having received Our documents headed:

  • Waiver and Release of Liability and

  • Privacy Policy

I hereby agree to be bound by the terms of each (a) to (d) above as if each were set out in full herein. 

  1. We acknowledge Our requirements pursuant to the Australian Consumer Law ('ACL') and as permitted by law, should any of the clauses in this Agreement conflict with the ACL, the parties agree that the clauses in this Agreement shall prevail.

  2. Parental consent – If the participant is not You but is your child under 18 years of age and or a person for whom you are a legal guardian ('Child') you hereby confirm that:

    1. You are that person's legal guardian, 

    2. You are authorised to give permission for the Child to participate in any training Programs and 

    3. in relation to the promises in clauses 11 to 16 above, You agree to comply on behalf of the Child, and

    4. in regard to the indemnities provided for by clauses 16-37 above, You hereby agree that they apply to release any liability We have for the Child.

General Legal Matters

  1. If for any reason a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, then that part is to be deleted and does not invalidate the remainder of this Agreement.

  2. If We do not enforce any one of Our rights under this Agreement at any time, it does not mean that We may not do so in the future.

  3. This Agreement is the entire Agreement between Us and supersedes any oral or other representations or promises that may have been made in media, advertising or orally.

  4. The applicable law is the law of New South Wales, Australia and both parties irrevocably submit to that law.

Certified correct for the purposes of the Real Property Act 1900 
Good Hoops Pty Ltd ABN 90 667 554 850
Authority: Section 127 of the Corporations Act 2001