Terms & Conditions

KEY MEMBERSHIP TERMS SUMMARY

United Martial Arts & Fitness (UMF) This summary forms part of the UMF Agreement and is provided to ensure clarity and transparency.

1. Membership Fees & Payments

• Fees are calculated on an annual access basis, not per individual class.
• Fees are divided into equal periodic payments for budgeting convenience.
• Payments are processed via the Billing Provider Direct Debit Request (DDR).
• Fees remain payable whether or not classes are attended, except where required by law.

2. Training Schedule & Planned Closures

• UMF operates on an annual training calendar including planned closures.
• Classes not offered during planned closures are non-redeemable.
• Payments continue during closures as they are factored into annual fees.

3. Make-Up Classes

• Missed classes do not automatically entitle a student to a make-up.
• Any approved make-up must occur within the same fortnight.

4. Value-Added Training Periods

• UMF may offer discretionary value-added training periods.
• These do not form part of contracted services and create no entitlement.

5. Illness, Injury & Communication

• Early communication is required if attendance is affected.
• Credits may be considered case-by-case at UMF’s discretion.

6. Direct Debit & Disputes

• Attendance or closures do not invalidate authorised direct debits.

7. Consumer Rights

• Nothing limits rights under the Australian Consumer Law.

United Martial Arts & Fitness - 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 Inform UMF of all physical and mental conditions that UMF should be aware of.

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 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 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.

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.

Direct Debt Request (DDR) Service Agreement

DEBIT SUCCESS DIRECT DEBIT REQUEST (DDR) SERVICE AGREEMENT This DDR Service Agreement is designed to explain what your obligations are when undertaking a direct debit arrangement involving Debitsuccess. It also details what our obligations are to you and forms part of the terms and conditions of your Direct Debit Request and should be read in conjunction with your Direct Debit Request.

INITIAL TERMS I/We authorise Debitsuccess Pty Limited (ACN: 095 551 581) (Debitsuccess) APCA User ID184534 to make periodic debits on behalf of the “Business” as indicated on Direct Debit Request. I/We acknowledge that if specified by the Business, in addition to the agreed periodic debits set out in the Direct Debit Request, administration/setup, variation, reversal, dishonour, or processing fees may also apply and be debited under the Direct Debit Request as instructed by the Business.

RELATIONSHIP I/we acknowledge that Debitsuccess has been contracted by the Business to collect the payments due under the agreement that I/we have entered into with the Business pursuant to which I/we have agreed to pay for goods/services provided by the Business (Agreement). All payments due by me/us to the Business shall be made to Debitsuccess. I/We acknowledge that Debitsuccess is acting as an agent of the Business and that Debitsuccess does not provide any goods or services, and has no express or implied liability in relation to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. I/We acknowledge that Debitsuccess sole responsibility is to make periodic debits as set out in the Direct Debit Request

CLEARED FUNDS I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by, and at all times on, the due date of the payment (Day to Debit) to enable the direct debit to be honoured on the Day to Debit. I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available when the debit is attempted, I/we agree that I/we will be responsible for any fees and charges that may be charged by my/our Financial Institution and by the Business.

VARIATIONS TO DEBIT TERMS I/We authorize Debitsuccess to vary the amount of the payments upon instructions from the Business, and where such instructions from the Business are received by Debitsuccess, I/we do not require Debitsuccess to notify me/us of such variations to the debit amount. I/We acknowledge that Debitsuccess/or the Business is to provide 14 days’ notice if varying the terms of the debit arrangements otherwise than as provided for herein. I/We acknowledge that my/our requests to vary, defer or stop the debit arrangement must be directed to the Business.

CANCELLING THESE DEBIT TERMS I/We understand that I/we are able to cancel this DDR Service Agreement by requesting this of the Business or my/our Financial Institution, and I/we acknowledge that cancellation of the authority to debit my/our account will not terminate my/our agreement with the Business or remove my/our liability to make the payments I/we have agreed to.

NON WORKINGDAY When the Day to Debit falls on a weekend or public holiday the debit will be initiated on the next working day. DISHONOUREDPAYMENTS I/We acknowledge that: (a) if a debit is returned by my/our Financial Institution as unpaid, I/we will be responsible for any fees and charges charged by the Business as a result, in addition to any Financial Institution charges and collection fees; and (b) Debitsuccess may attempt to re- process any unsuccessful payments as advised by the Business and/or add such unsuccessful payment to any future payments.

ACCURACY OF INFORMATION I/We acknowledge that it is my/our responsibility to ensure that the details entered on the Direct Debit Request are correct and that Debitsuccess is not liable to the extent that any such details are incorrect and this causes a required payment to be missed. In addition, where I/we are paying the required payments by credit card and have entered the details of the credit card on the Direct Debit Request, I/we agree that Debitsuccess may continue to debit from the credit card in accordance with the terms of this DDR Service Agreement to the extent that the credit card has expired, and that it is wholly my/our responsibility to provide details of any replacement credit card to Debitsuccess via the Business.

DISPUTES I/We acknowledge that any disputes regarding debit payments will be directed to the Business. If no resolution is forthcoming, I/we understand that I/we are to direct any such dispute to my/our Financial Institution.

OTHER AUTHORISATIONS I/We authorise: (a) Debitsuccess to verify details of my/our account with my/our Financial Institution; and (b) The Financial Institution to release information allowing Debitsuccess to verify my/our account details. (c) Any notices to be given to me/us by electronic mail to the email address on the Direct Debit Request (or any other email address notified inwriting by me/us). I/we acknowledge that: (a) This DDR Service Agreement will remain in force and effect in respect of all direct debits passed to my/our account in good faith notwithstanding my/our death/bankruptcy or other revocation of this DDR Service Agreement until actual notice of such event is received by the bank. (b) Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the bank except in so far as the direct debit has not been paid in accordance with this DDR Service Agreement. Any other dispute lies between me/us and the Business.

INFORMATION SECURITY We are collecting your personal information for the sole purpose of completing this direct debit arrangement. Debitsuccess agrees that it will make reasonable efforts to keep your information contained in the Direct Debit Request (including account details) and any other information that we have about you confidential and secure, and will ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. You may request access to, and correction of, any personal information held by Debitsuccess by writing to Debitsuccess at the address below. You acknowledge that your personal information will be collected, used, held and disclosed in accordance with the Debitsuccess Limited Privacy Policy found at https://www.debitsuccess.com.au/privacy-policy Debitsuccess will only disclose information that we have about you: (a) to the extent specifically required by law; (b) to Financial Institutions participating in the direct debit payment systemin connection with a claim made on it relating to an alleged incorrect or wrongful debit; or (c) for the purposes of this Agreement (including disclosing information in connection with any query or claim). Should you have any queries in relation to these terms and conditions contact Debitsuccess Pty Ltd. P.O. Box 577 Mt Waverley, VIC, 3149 Phone: 1800 148 848 E-mail: customerservice@debitsuccess.com