Terms & Conditions

United Martial Arts & Fitness Academy (UMF) 

ABN 67168872571

Terms and Conditions

All sections are compulsory

IMPORTANT NOTICE: - Do NOT sign this Agreement below without reading and understanding this warning.

“Cooling Off Period” you may cancel this agreement within seven (7) business days from the date of this agreement if you are not completely satisfied with the services and programs.

You acknowledge having received a copy of the Billing Provider Direct Debit Request (DDR) Contract and UMF Agreement.
Acceptance

Please let us know if there is anything we should be aware of regarding your child’s or your own physical or mental health.

The Applicant agrees to be bound by the terms of this Agreement with UMF. We agree to permit you to use our premises and facilities for Martial Arts to instruct you in Martial Arts and Fitness and related activities upon and subject to the following terms and conditions:

Definitions 

1.1 Agreement means this student enrolment agreement and includes the Schedule of Fees to this agreement.

1.2 Applicant who may also be referred to as you, your or Student means the individual named as that party in this Agreement, who signs this Agreement, and agrees to be bound by its terms and conditions. Where the Applicant is under 18 years of age includes the Applicant’s Legal Guardian.

1.3 Academy or UMF means United Martial Arts & Fitness who may also be referred to as we, us or our in this Agreement and where the context permits include our successors and assigns.

1.4 Billing Providers, Debit Success, means the billing provider as described in the Billing Provider Agreement or otherwise as nominated by the Academy from time to time and notified in writing to you.

1.5 Entire Agreement means the billing provider Contract signed by the Applicant contemporaneously with this Agreement which governs the direct debit payment by the Applicant to the Academy of the fees owed. This membership agreement and the DDR Service Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between the member, the UMF and billing provider relating to the subject matter of this Membership Agreement and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

1.6 Business Day means a day other than a Saturday, Sunday or a day which is a public holiday in Townsville, Queensland.

1.7 Classes means the scheduled classes provided by the Academy for each Fortnight Plan as per Schedule of Fees (or as amended by the Academy from time to time).

1.8 Club Fees means the fees payable by the Applicant in consideration for our Services and as set out in the Schedule of Fees.

1.9 Emergency means a serious situation or occurrence that happens unexpectedly and demands immediate action and renders the Applicant unable to comply with the terms of this Agreement.

1.10 Fortnight means two (2) weeks.

1.11 Services means instruction in Martial Arts and Fitness and related activities associated with the teaching of Martial Arts.

1.12 Terms means the minimum term provided for in the Billing Provider Agreement.

Duration of this Agreement

1.13 This Agreement shall continue indefinitely until such time as either party provides notice of its cancellation in accordance with the terms of this Agreement.

Cancellation 

1.14 You may not cancel this Agreement within the Term.

1.15 You may cancel this Agreement at any time following the expiration of the Term. Upon completion of the specified number of payments, this Agreement shall automatically convert to a month-to-month term until further notice (UFN). To cancel the Agreement after the initial term, a 60-day written notice must be provided.

Club Fees 

1.16 The usual per class rate is $50; by entering into this agreement, I receive a discounted rate and forego any rights to cancel for the term of the agreement. Fees are GST inclusive.
Note: You may upgrade at any time ONLY by applying and signing a new agreed terms and conditions.

1.17 All queries regarding the provision of the Billing Provider Services should be directed to the Billing Provider. Any agreed payments shall be made whether or not you are using the services of UMF.

1.18 We reserve the right to increase your Club Fees at any time after the end of the Term in accordance with the terms of the Billing Provider Agreement.
Suspending the Payments – Emergency use ONLY

1.19 Refer to 1.9 of this agreement and serial 5 of the Terms and Conditions of the Billing Provider Direct Debit Request Service Agreement.
Re-location

1.20 In the event of permanently relocating to a location more than 50km from UMF, it is hereby agreed that the agreement hereby created can be cancelled by the member upon receipt of supporting documentation. You may remain liable for payment of the Club Fees for any period of the term not completed by you.

Annual Fee Adjustment Clause

The membership fees stipulated in this Agreement are subject to an automatic annual increase of 4%, effective on each anniversary of the Commencement Date. This adjustment accounts for inflation, increased operational expenses, and ongoing investment in program quality and service delivery. The revised fee shall be applied automatically without the need for prior notice, unless otherwise agreed in writing by both parties.

Permanent sickness or physical incapacity 

1.21 If you have a permanent disability, serious illness or physical incapacity for the greatest of –

(a) The remainder of the term of the membership agreement, or

(b) 5 years and provide a medical certificate at your expense from a Specialists Medical practitioner detailing the permanent disability, serious illness or physical incapacity, the UMF may agree to cancel the agreement. You remain liable for payment of the Club Fees for the 60 days’ notice to cancel period if your cancelation request is accepted. In the event no supporting documentation is provided, then you remain liable for payment of the Club Fees for any period of the term not completed by you.

Academy Rules and Closure 

1.22 You agree to be bound by “Policies and Guidelines” of the Academy, as amended from time to time and agree to obey and comply with all directions, instructions and decisions of the Academy. If at any time your enrolment details become inaccurate (in particular, details relating to your physical health and state of mind), you must promptly provide the Academy with updated details.

1.23 You understand that the Academy is closed on public holidays. The Academy may also provide you with notice of closure for special events and or necessary maintenance. Classes not on offer during closures are non-redeemable.

1.24 The Academy will be closed for a period of a total of 42 days (training days) in each year for instructor training and other purposes of which we will provide you with at least 30 days’ notice prior to the Academy closure.

1.25 It is important we do not confuse our payment plan with our training plan. It is calculated that most people will have a minimum of 6 weeks of holidays per annum. The total annual fees cover 46 weeks of training, for easy budgeting purposes it is divided into 26 equal fortnightly payments. This reduces the fortnightly payments, making it easy for families and individuals to plan and budget. That means payments do not stop even when we close.

Lesson Attendance 

1.26 If you fail to attend any one or more of your allocated lessons out of the Classes available during the Fortnight we may, at our sole discretion allow you to make up that lesson provided that such make-up lesson occurs within the said Fortnight. For the avoidance of doubt, you will not be able to make up the said lesson/s outside that Fortnight.

Media Release 

1.27 You agree to grant permission to the Academy to use your photographs, images and/or video and audio material taken of you at the Academy for use in materials that include display, promotion and/or advertising, or sold for profit, and you hereby waive any compensation to which you may otherwise be entitled for appearing in such materials.

Notices 

1.28 Any notices to be provided under this Agreement shall be deemed to have been given by you to the Academy and the Billing Provider if you:

(a) post it by registered mail.

(b) in a separately addressed envelope to each of the Academy and the Billing Provider; and

(c) at the address for notices for the Academy and Billing Provider.

1.29 The notice shall be deemed to have been given by you the Business Day following the date of posting.

1.30 You confirm that you have provided the Academy and the Billing Provider with all your current details including full contact particulars, mailing address, emergency contact details and next of kin and if your details change then you must notify the Billing Provider and the Academy.

Rights of the Consumer 

1.31 If the Competition and Consumer Act 2010 or similar State Laws apply to this Agreement, or the Billing Provider Agreement then certain terms and conditions may be implied into this Agreement which operate for the benefit of the Applicant. Under the provision of that legislation, those terms and rights, and any liability of the Academy flowing from them, cannot be excluded, restricted or modified by any provision of this Agreement.

Please note the following:

1.32 If the Competition and Consumer Act 2010 or similar State Laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of the Academy for breach of those warranties is limited to the re-supply of the Martial Arts instruction and related activities or the payment of the cost of having martial arts & Fitness and related activities supplied again.

Waiver and Indemnity 

1.33 If the Academy ceases operation or business for any reason or you breach the terms of this Agreement, then we may provide you with written notice terminating this Agreement. All payments outstanding by you as at the date of the notice will be immediately payable by you and there will be no further dealing between the parties under the terms for this Agreement or the Billing Provider Agreement.

Parental Consent, Financial Responsibility, and Indemnity 

1.34 This part applies if the Applicant is under the age of 18 or under any other legal disability.

1.35 The Applicant’s legal guardian approves and consents to the Applicant’s instruction in the Services provided by the Academy. The Legal Guardian agrees to the terms and conditions contained in this Agreement and will use best endeavours to ensure the Applicant’s compliance with this Agreement. In consideration of the above, the Legal Guardian agrees to release and indemnify both in the Legal Guardian’s capacity and on behalf of the Applicant.

1.36 By signing, the parent/guardian acts as guarantor and accepts full responsibility for all fees and charges for their child under 18, ensuring payment in accordance with this agreement. Liability remains with the signatory regardless of who makes the payment. No separate guarantor form is required

Academy Guidelines and Policies

1.37

(a) Academy Syllabus (contains Policies & Guidelines)

(b) Training Diary, Program attire and Personal Protection Equipment

Acknowledgement
I have read and understood my rights and obligations under this Agreement and agree to the terms and conditions:

We commit to a supportive learning environment where everyone thrives. By actively participating, respecting instructors and fellow students, and upholding UMF values, we create a positive and rewarding experience for all. Together, we achieve more.