1. Upon entering the Agreement you acknowledge and agree that:

a. a copy of this Agreement will be sent via the email you have provided and you agree to abide by the conditions and obligations contained herein;

b. you are medically sound to undertake a high-intensity course of training;

c. you use any of our gym facilities at your sole risk and responsibility;

d. you are aware that training is physically demanding and participation in some activities may pose a risk to your health and safety which we are not able to assess or mitigate; and

e. you have consulted a medical practitioner before undertaking any training at our premises of any nature or organised by us.

2. These terms and conditions apply to all transactions between you and Ground Zero Gym. Other documents relating to our transactions will include any specific terms and conditions. Where there is an inconsistency between our general terms and any special terms, the special terms shall apply.

3. You acknowledge that Mav & G Pty Ltd may provide training activities under the business name of Ground Zero Gym and that these terms and conditions apply to any and all transactions relating to Ground Zero Gym.

Definitions

In this Agreement unless the contrary intention appears:

1. Gym, us, our or we means Mav & G Pty Ltd trading as Ground Zero Gym.

2. Gym facilities means the premises wherein the training activities occur.

3. Team means employees, officers, directors, agents, contractors, heirs, assigns, and independent contractors and subcontractors employed or performing work for or in conjunction with the gym.

4. Training activities shall constitute Muay Thai Classes/Training, Brazilian Jiu-Jitsu (BJJ) Classes/Training, Martial Arts Classes/Training, Technique and Contact Classes/Training/Activities, Specialty Events/Gradings/Seminars, Activities Strength and Conditioning and/or the use/operating of any equipment.

5. Membership fees means our fixed and published price and we reserve the right to amend these fees as necessary or required at anytime.

6. You, your, I or me means the person entering this Agreement or any applicant for membership or holder of a membership or person who enters or uses the gym facilities whether performing a training activity or not and whether using the services by the team or not.

Conditions of Entry

1. You acknowledge and agree to comply with any and all health and safety directions given by our team.

2. Illegal and performance-enhancing drugs are strictly prohibited in our gym.

3. The gym is strictly a “Non-Smoking” area.

4. We can refuse entry to the gym, cancel your membership and/or terminate the Agreement without warning or notice for inappropriate threatening or harassing behaviour, damaging equipment or facilities, use of illegal or performance-enhancing drugs in the gym, failure to abide by these Terms and Conditions and/or action upon a complaint by either a member or by the team of the gym.

Gym Rules

You must comply with the Rules. You must ensure you read, understand and abide by the Rules which are notified to you through signage and/or our website groundzerogym.com.au

Valuables and Lost Property

1. The gym shall not be responsible for any loss or damage to your valuables or personal property.

2. Shelving and benches are available for use as storage while you are in the gym. Any belongings left behind or abandoned after the daily close of business will be removed. The gym does not assume any liability for the loss of any belongings left in the gym after the close of business. Any such belongings will be donated to charity or thrown out if not claimed at the end of each week, ending by the gym’s close of business, every Saturday.

Memberships

1. By entering into this Agreement, you are granted membership to the gym for the term specified by the membership.

2. The membership types are:

1. Unlimited Membership (on-going),
2. Unlimited Single Style Membership (on-going),
3. Unlimited Kids Membership (on-going),
4. 2 or 3-Class Pass Membership (on-going),
5. Casual Class (pay-as-you-go),
6. One-Week Trial,
7. One-Week FREE Trial – for under 18 year olds; and
8. any other or additional type of membership/event we may introduce.

3. The specific terms of the Unlimited Memberships are:

1. you are permitted on-going unlimited access to all the training activities,
2. an on-going membership means that you have agreed to become a member of the gym from the date of this Agreement and you have agreed to pay the total fee for a minimum period of one (1) week of membership irrespective of the amount of times you utilised the gym within one (1) week and agree that you may pay the total membership fee for the minimum period under a periodic billing agreement in accordance with your direct debit payment,
3. you agree to pay the prescribed price for this membership and agree to pay the gym fortnightly the prescribed membership fee via direct debit,
4. you acknowledge this membership cannot be refunded after purchase,
5. you must provide two (2) weeks written Notice to cancel this membership via email to info@groundzerogym.com.au. The Date of Notice is deemed to be the date the emailed Notice is electronically received by us; and
6. you are entitled to pause your membership for a maximum period of four (4) weeks per each 12-month membership cycle. These pause periods cannot be banked or rolled over into the following 12-month cycle and so on.

You must provide two (2) weeks written Notice to pause this membership via email to info@groundzerogym.com.au. The Date of Notice is deemed to be the date the emailed Notice is electronically received by us. If you need to extend your pause period due to a serious injury/illness/disease, exemptions can be made at our discretion and by you providing us with a Medical Certificate for the Date of Notice period you wish to pause.

4. The specific terms of the Single Style Memberships are:

1.  single style means only participating in either Muay Thai or BJJ/NoGi,
2. switching styles are not permitted at any time, for any reason during the duration of your membership.
3. you are permitted on-going unlimited access to all the training activities related to your chosen single style (Muay Thai OR BJJ/NoGi),
4. an on-going membership, means that you have agreed to become a member of the gym from the date of this Agreement and you have agreed to pay the total fee for a minimum period of one (1) week of membership irrespective of the number of times you utilised the gym within one (1) week and agree that you may pay the total membership fee for the minimum period under a periodic billing agreement in accordance with your direct debit payment,
5. you agree to pay the prescribed price for this membership and agree to pay to the gym fortnightly the prescribed membership fee via direct debit,
6. you acknowledge this membership cannot be refunded after purchase,
7. you must provide two (2) weeks written Notice to cancel this membership via email to info@groundzerogym.com.au. The Date of Notice is deemed to be the date the emailed Notice is electronically received by us; and
8. you are entitled to pause your membership for a maximum period of four (4) weeks per each 12-month membership cycle. These pause periods cannot be banked or rolled over into the following 12-month cycle and so on.

You must provide two (2) weeks written Notice to pause this membership via email to info@groundzerogym.com.au. The Date of Notice is deemed to be the date the emailed Notice is electronically received by us. If you need to extend your pause period due to a serious injury/illness/disease, exemptions can be made at our discretion and by you providing us with a Medical Certificate for the Date of Notice period you wish to pause.

5. The specific terms of the 2 or 3-Class Pass Memberships (on-going) are:

1. you hold a 2-Class Pass membership, you are entitled to choose two (2) of any training activity available on the days you attend the gym, each week or,
2. you hold a 3-Class Pass membership, you are entitled to choose three (3) of any training activity available on the days you attend the gym, each week,
3. the attendance period shall commence upon the booked class/es of the chosen training activities,
4. you agree to pay the prescribed price for this attendance to the gym before the commencement of the 2 or 3-Class Pass,
5. you acknowledge this membership cannot be refunded after purchase; and
6. you acknowledge this membership cannot be transferred.

6. The specific terms of the Casual Class (pay-as-you-go) are:

1. a. you are entitled to choose one (1) of any training activity available on the day you attend the gym for your Casual Class,
2. b. the attendance period of one (1) Casual Class shall commence upon attendance of the training activity,
3. c. you agree to pay the prescribed price for this attendance to the gym before the commencement of the Casual Class,
4. d. you acknowledge this membership cannot be refunded after purchase; and
5. e. you acknowledge this membership cannot be transferred.

7. The specific terms of the One-Week Trial offer are:

1. you are permitted unlimited access to all of the gym’s training activities for the maximum period of five (5) consecutive days from attending a training activity on the first day of the One-Week Trial,
2. the One-Week Trial shall only apply to new members and not available to existing or pre-existing members,
3. you agree to pay the prescribed price for this attendance to the gym before the commencement of the One-Week Trial,
4. you acknowledge and accept that the One-Week Trial may only be used once by you; is non-transferable; cannot be used with any other special offer or promotion; and cannot be redeemed for cash,
5. you acknowledge that the One-Week Trial cannot be refunded after purchase; and
6. you acknowledge this One-Week Trial cannot be transferred.

8. The specific terms of the One-Week FREE Trial offer are:

1. persons under the age of 18 are permitted unlimited access to all of the gym’s training activities for the maximum period of five (5) consecutive days from attending a training activity on the first day of the One-Week FREE Trial;
2. the one-week FREE Trial offer applies only to new members under 18 and is not available to existing or pre-existing members.
3. you acknowledge and accept that the One-Week FREE Trial offer may only be used once by you; is non-transferable; cannot be used with any other special offer or promotion; and cannot be redeemed for cash.

Direct Debit Payments

1. A direct debit payment is a payment made from your bank account, or credit or debit card nominated in your direct debit request. Payments will only be made from that card or account.

2. You agree to pay your membership fees at the relevant frequency provided until the Agreement is terminated.

3. We may offer discounted membership fees on a gym direct debit plan provided you agree to a minimum six (6) month membership term. Please contact us should you wish to discuss this.

4. You authorise the gym to debit amounts necessary to bring your account up-to-date.

5. You acknowledge that our chosen Direct Debit Service Provider is not a party to the Agreement and its only role is to provide direct debit services to us. You may have separate rights against the Direct Debit Service Provider according to the Direct Debit Service Provider’s terms and conditions. You otherwise agree not to hold the Direct Debit Service Provider liable for any actions, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs and expenses arising from or in connection with your involvement in any and all training activities in the gym or otherwise in connection with the Agreement.

Overdue Fees

1. The observation of agreed time frames is of primary importance, especially the time for payment of our membership fees which must be paid by the due date.

2. If you are in default under our Agreement we may send you a default or overdue notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have one (1) business day to rectify the default.

3. You also agree to pay on default all costs and expenses (including legal costs on an indemnity basis) incurred in exercising our rights of recovery from you and indemnify us against any losses resulting from the default.

Pausing, Suspension, Delays & Cancellations

Pausing is a great way to take a break from payments without cancelling. All of our agreements can be paused for a period of up to 6 weeks. At the end of this period, your membership will auto-renew to our new price scheme until cancelled.

 

If this agreement is cancelled, suspended or delayed for reasons beyond our reasonable control, you must pay all charges and overheads up to the date of the cancellation, suspension or delay. This includes any charges relating to the administration following cancellation, suspension or delay.

Product Sales

1. Membership fees or product price means our fixed and published price.

2. We warrant that the goods or services supplied will comply with relevant Australian Safety Standards effective as of the date you purchase them, not taking into account any changes to the relevant Standards after the date of the purchase unless otherwise notified in writing by us to you.

3. We warrant that all goods or services supplied to you by us be fit for their purpose. If any such goods or services are not fit for their purpose or are not of workmanlike quality (“defective goods or services”) we will replace or repair or remedy (at our election) any relevant defective goods or services provided that you immediately notify us of the defective goods or services as soon as you become aware of them.

4. We exclude all other warranties, negligence and representations of any nature and shall not be responsible for any liability or costs incurred as a direct or indirect result of the use, operation, installation, alteration or repair of goods or services by you.

5. Some of the services we offer may carry inherent risks associated with their use (e.g. weightlifting and training equipment etc.) and you acknowledge and accept that risk every time you use those services. You agree you shall not bring any claim against us in relation to your use of those services or our provision of those services or facilities or our statements in relation to those services or facilities whether defective, misleading or otherwise and whether we are negligent or not and whether the Australian Consumer Law applies or does not. This term is paramount and applies to the exclusion of any contrary term herein.

Relocation and Site Closures

1. The gym reserves the right to close or relocate without voiding any memberships without providing you notice.

2. You are entitled to cancel your membership at any time in the event the gym facilities whereby you initially entered this Agreement closes and/or relocates.

Disruptions Due to Unforeseen/Unavoidable Events and Circumstances

1. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes to the extent beyond its reasonable control:

a. acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the COVID-19 pandemic), quarantine, breakdown of communication facilities and internet service providers, natural catastrophes, governmental acts or omissions, changes in laws or regulations, fire or explosions.

2. In the event of a lockdown or restrictions enforced by the Queensland and/or Federal Government, no payment will be taken within those enforced periods. Payments will resume from the first day the lockdown and/or restrictions are lifted.

CCTV

1. You acknowledge that Closed Circuit Television (“CCTV”) is installed on the premises for member and team safety, crime and preventing misconduct.

2. You consent to be filmed under CCTV for this purpose and understand the gym will only store and use this footage of you in accordance with this Agreement.

Privacy

1. You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect your health or safety.

2. You acknowledge and agree to allow our team to take and use photographs, videos, audio or films of you and/or your child for use in promotional and other business-related material on social media and the gym’s website groundzerogym.com.au

3. The gym will not release any personal or private information about you to any other party whatsoever without informing you in writing.

4. All photographic material will be stored within the gym’s computer system, with regular backups. This will include up-to-date virus protection and spam filters to assist in protecting photographs, videos, audio or films of you.

Training Activities

1. You acknowledge and agree that the gym offers training activities that include:

a. Muay Thai Classes/Training, BJJ Classes/Training, Martial Arts Classes/ Training, Technique and Contact Classes/Training/Activities, Strength and Conditioning and/or the use/operating of any equipment.

2. Suitable exercise gear must be worn at all times in the gym and during training activities. For example:

a. Muay Thai Classes/Training require wraps, boxing gloves, shin pads and mouth guards as part of your essential equipment;

b. BJJ Classes/Training require a BJJ Gi/Kimono, a belt representing your rank and a mouth guard must be worn (BJJ attire);

c. lack of equipment and appropriate BJJ attire exemptions are only made possible for participants of the One-Week FREE Trial. If you hold an Unlimited Membership or attending Casual Classes, you must provide your own essential equipment and appropriate BJJ attire or you will NOT be able to attend the training activity;

d. closed footwear or thongs must be worn throughout the gym;

e. no jewellery, including piercings to be worn when you enter/or are on the mats or in the ring;

f. Keep your nails short; avoid wearing nail polish;

g. footwear must be worn when in the gym common areas. No footwear is permitted when you enter/or are on the mats or in the ring; and

h. any clothing with pockets, buttons or zippers are NOT permitted to be worn during any of the training activities.

3. A towel must be used while using/operating any equipment. Please ensure you wipe down equipment after each use.

4. It is your responsibility to ensure that you correctly operate any of the gym’s equipment. To mitigate risk and ensure that you correctly operate or use any of our facilities, services, products or equipment, including the adjustments of levels or settings on any equipment, you are required to undertake an instructional consultation with a member of our team before use.

5. You have read and acknowledge that you understand the Release and Waiver of Liability and Indemnity Agreement following this Agreement.

6. You acknowledge that you understand the physical requirements of participating in any training activity and that:

a. you have asked our team and received sufficient satisfactory information about the physical requirements of participating in the training activities;

b. you have informed our team of all illnesses, injuries or conditions that you suffer from prior to the commencement of your membership;

c. it is your obligation and responsibility to inform and provide us with all relevant information before, during and after the term of your membership will be complete, true and accurate and not misleading in any way;

d. you have consulted a medical practitioner before undertaking any training or training at our premises of any nature or organised by us; and

e. you have formed the view that you are satisfied with the physical requirements to safely participate in the training activity.

7. In the event you become aware or believe that you are unable to continue participating in the training activity for any reason you must immediately stop and/or refrain from participating in the training activity.

8. You must immediately inform our team if you are unable to continue the training activity and, if necessary, request an ambulance be called.

9. We disclose and you acknowledge that our team may not hold typical fitness industry certificates or qualifications (e.g. Certificate III or IV in Fitness) in relation to our training activities. You agree you have chosen to train with us and commence membership notwithstanding this disclosure and understanding there is an unusual inherent risk beyond that which you might be exposed to if our team held such qualifications. Without limitation, you forever release and indemnify us in relation to any injury, loss or damage howsoever incurred by you and of any nature whatsoever.

10. There is a minimum class attendance age prerequisite of 6 years old, however, membership applications from persons under the age of 18 years will require parental consent. We will not make enquiries as to your age beyond merely asking you. We will rely upon the answer you give to us regarding your age as part of our consideration of whether to enter into any agreements with you.

11. On occasion, we engage contractors to provide services at our premises (e.g. seminars and personal training). You agree and acknowledge that we are not responsible for the actions or omissions of those contractors nor do we carry insurance for their activities. To the maximum extent possible under these terms, you forever release and indemnify us and our contractors in relation to any incident of any nature whatsoever or howsoever arising causing any loss, injury or damage of any kind, whether negligent or otherwise, committed by our contractors or us.

Liability

1. You acknowledge that:

a. by observing the layout of the gym and the description of the activities that the risk of injury to you should you participate in the training activity is an obvious risk; and

b. if you are unsure of the risks of injury to yourself should you participate in the training activities you have informed yourself of the nature of the risk of injury to you from the gym facilities and team.

2. You wholly accept the risk of injury to you in participating in any training activity by:

a. entering the gym facilities;

b. paying the membership fees to the gym; and

c. agreeing to or complying with these Terms and Conditions, and the Release and Waiver of Liability and Indemnity Agreement.

3. A single or partial training or waiver of a right relating to this Agreement does not prevent any other training of that right or the training of any other right.

4. No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, training, attempted training, failure to train or delay in the training of a right.

Entire Agreement

These Terms and Conditions of Sale constitute the entire Agreement between us and you relating to the goods and/or services ordered and supersede all prior agreements, understandings and negotiations with respect to the goods or services. Any variation or amendment to these Terms and Conditions is not binding on us unless in writing and signed by both you and us.

Changes to this Agreement

This Agreement may change from time to time. Please visit this page regularly as we will let you know of any changes to this Agreement by posting version dates below. In addition, over the course of our relationship with you, we may tell you more about how we handle your information. This could be when you complete an application or form, or receive important disclosure documents from us, such as terms and conditions or a Product Disclosure Statement. We recommend that you review these statements too as they may have more specific details relating to you.

If you would like to know more contact us: info@groundzerogym.com.au

Version dated 01 September 2024. Last reviewed September 2024.

Please read carefully before signing up

1. I understand that there are risks and dangers in participating in any form of martial arts/fitness/other contact activities and that in order to participate, in any such activities, including but not limited to Muay Thai, Brazilian Jiu Jitsu, Strength and Conditioning, other martial arts classes/training/ seminars, including classes/training involving the use of fitness equipment (training activities), I must give up my rights to hold Mav & G Pty Ltd trading as Ground Zero Gym (gym) and any other entity or charity associated with the gym, responsible or liable for any damage that I may suffer while participating in such training activities provided by the gym, waiting at or on the gym premises to participate in such training activities, walking through the premises at the gym prior to or after such training activities.

2. Knowing this and in consideration for being permitted to participate in training activities with the gym, I hereby voluntarily forever release, discharge and hold completely harmless the employees, officers, directors, agents, contractors, heirs, assigns, independent contractors and subcontractors employed or performing work for or in conjunction with the gym, and all other entities or charities associated with the gym (team), and their members from any and all responsibility for, or liability resulting from or arising from, my participating in training activities associated with the gym, and being on the premises at the gym.

3. I understand that the training activities and other contact activities provided at the gym may include, but will not be limited to, activities such as kicking, punching, hitting, stretching, twisting, jabbing, lunging, rolling, falling, jumping, hand locks, and the use of various martial arts and fitness equipment. I realise that these activities, as well as all other training activities, can be dangerous, but I am voluntarily choosing to participate in some or all of these activities and agree to assume the risk associated with my participation therein.

4. I understand that I am assuming full responsibility for any and all risks of death, personal injury, emotional pain and suffering, property damage and economic loss that might be suffered by me as a result of my participation in any or all training activities at the gym. I agree that this release shall bind me, my spouse, my heirs, my personal representatives, my assigns, my children and my and their agents.

5. I hereby further agree to release, indemnify and hold completely harmless the gym, and all other entities associated with the gym, their members and the team harmless from any and all liability and costs, including attorney fees, associated with or arising from my participating in training activities and other contact activities at the gym, waiting at or in the gym to participate in such training activities, and walking through the premises at the gym prior to or after such training activities.

6. I understand that if I were to file a lawsuit against the gym, or any other entity associated with the gym and/or its members and team, as a result of any personal injury including death, emotional pain and suffering, property damage or economic loss suffered by me as a result of my participation in training activities and other contact activities at the gym, waiting at or at the gym to participate in such training activities, and walking through the premises at the gym prior to or after such training activities, that this release would bar the lawsuit and the court would dismiss it on the grounds that by signing this release, I have expressly assumed all the risks associated with participation in such activities, including but not limited to negligence on the part of the training activities and the team in the performance of their duties, negligence by other members of the gym, negligence in the operation of machinery or equipment, and/or premises liability.

Due to the COVID-19 pandemic, and proper hygienic health and safety practices

1. I agree, that for the past 14 days the following does not relate to me or my current situation:

a. I have not had any symptoms such as cough, fever or other flu-like symptoms;

b. if I have/do develop flu-like or COVID-19 symptoms, at any point, I will go immediately to a doctor and will not enter the gym or engage with any of the team or members until I am cleared of COVID-19 and I am not contagious with any other flu-like illness (even non-related COVID-19 disease, illness or infection) that could be passed on or jeopardise the health and safety of the gym’s team and members;

c. I have not had contact with somebody with COVID-19 that I am aware of;

d. I will not enter the gym or come in physical contact with any of the team members if I have a skin infection and will inform the team of any infection immediately to prevent an outbreak.

e. I will abide by all the gym rules, policies and procedures regarding sanitising, hand washing, and maintaining distance where practicable, and I will not attend if I am unwell in any way, even when I have a non-related COVID-19 disease, illness or infection that will jeopardise the health and safety of the gym’s team and members.