TERMS & CONDITIONS

I hereby agree to participate in the required physical activities and exercises as provided within the sessions and courses conducted by Bayside Boxing and Balance Inc and Redland City Boxing Inc on the basis of the terms and conditions set out below:
  1. I hereby acknowledge an understanding of and agree to participate in physical demanding activities that if done incorrectly could be detrimental to my health.
  2. I acknowledge that the training, while conducted in the safest possible conditions and under qualified supervision, involves physical contact and inherent risks and I accept those risks. I agree to conduct myself in a safe and mature manner in accordance with the instructions from my coaches/instructors. I indemnify Bayside Boxing and Balance Inc and Redland City Boxing Inc its proprietors, agents and officers, and Bayside Boxing and Balance Inc and Redland City Boxing Inc, including all instructors, staff members, and students against any loss or damage suffered by them in connection with my participation in the training.
  3. I agree to release Bayside Boxing and Balance Inc and Redland City Boxing Inc, its proprietors, agents and officers, and, including all instructors, staff members, and students from any liability whatsoever in connection with my participation in the required physical activities and exercises within the Bayside Boxing and Balance Inc and Redland City Boxing Inc training programs. Without limitation, this includes all loss or damage or injury incurred as a direct or indirect result of my participation.
  4. I agree that I will conduct myself in an appropriate manner and will always act in a manner that is in the best interests of Bayside Boxing and Balance Inc and Redland City Boxing Inc
  5.  Trainer is not a medical professional and is without expertise to diagnose medical conditions or impairments.
Client agrees to promptly and fully disclose to Trainer any injury, condition or impairment which may have a deleterious effect on or be impacted by this training program and the Trainer’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of the Client, the Trainer or others shall be conclusive.
  1.   Client certifies that:
  2. a)    He/she is physically capable of participating in a strength, flexibility and aerobic training exercise program and using the equipment associated with such training; and
  3. b)   he/she is over the age of eighteen (18)
Where members are  under the age of (18) the parent/carer consents that they have read the information contained within this form and hereby consent to his/her junior member taking part in boxing activity sessions and understand and agree that he/she participates in boxing sessions under the instruction of qualified coaches entirely at his/her own risk.  You have considered the nature of such sessions and have discussed them with him/her. I am satisfied that he/she is sufficiently responsible and competent to assume responsibility for his/her safety under the supervision of a qualified and competent coach. Confirm that he/she does not have any medical disability or medical condition (not disclosed on the pre-exercise questionnaire that could affect his/her ability to participate safely in boxing sessions; and
  1. c)    he/she has either (I) had a physical examination and been given a physician’s permission to participate in this training program; or (ii) decided to participate in this training program without the approval of a physician.
  2.   This training program will involve physical activity and, as appropriate, use of certain equipment and machinery.
Client voluntarily agrees to participate in these activities and to assume all risk of personal injury, death and property damage resulting from such activities, use of equipment, machinery or public or private facilities.
  1.   Client agrees on behalf of him/herself and his/her personal representatives or heirs to release and discharge Trainer, his agents, representatives, successors and assigns from any and all claims or causes of actions (known and unknown) arising out of this training program including without limitation injury or loss resulting from Client’s use of any equipment or facilities which break or malfunction.
  2.   No implied warranties or representations are made other than those expressly contained herein and this document contains all of the terms of the Agreement between the parties. Trainer expressly notes that results will differ for clients based upon various factors including without limitation; body type, nutrition, etc. and no guarantees of results are possible.
  3. Health Risks
10.1 No health risk: You must immediately inform us in writing if you believe or reasonably should be of the belief, that participating in any fitness activities offered by us in any way could pose a risk to your health.  Unless you tell us otherwise, we assume you have no health risks, conditions or injuries.
10.2 Pre-exercise Questionnaire
(a) You warrant that you completed the pre-exercise questionnaire honestly and in its entirety before becoming a member.
(b) You acknowledge and agree that the pre-exercise questionnaire is incorporated into these Terms and Conditions.
  1. Right of Admission
We reserve the right to refuse admission to any persons including members for any reason which we consider to be reasonably necessary to ensure the safety of our members and their enjoyment of our services and facilities, including:
(a) wearing inappropriate clothing or footwear;
(b) failing to use a towel;
(c) poor hygiene;
(d) being under the influence of drugs or alcohol; and
(e) engaging in conduct that is disruptive or offensive to other members.
  1. AGE RESTRICTIONS
(a) Membership is limited to persons who are at least 15 years of age, unless otherwise approved by us.
(b) Membership of Children 12 years or younger will be decided at our discretion. We may require a medical direction and signed authorization from the child’s parent or guardian before granting the child membership. Child members under the age of 12 may have membership restrictions imposed by us with respect to facility access, service illegibility and equipment usage.
(c) Children that are 12 or younger who are not members are not permitted in any area of our fitness centres or locations.
(d) Anyone under the age of 16 years must be accompanied by an guardian or one of our fitness professionals.
  1. FEE REVIEWS
13.1 Increased costs of providing service
(a) You acknowledge and agree that we have a right to review our fees on 30 June each year after your minimum term has expired, if local, state or federal rates, duties or taxes are implemented which directly increase our costs of providing our fitness services to you.
(b) We will use our best endeavours to notify you personally of any price increase at least 30 days before it takes effect.
13.2 Consumer Price Index increases
You acknowledge and agree that we have a right to increase your membership dues after 6 months from your membership commencement, to a maximum of the rise of the consumer price index from the previous year (as measured by the Australian Bureau of Statistics) plus 3.0%.
  1. DIRECT DEBIT
(a) You covenant and agree to pay each instalment amount until this Agreement is terminated.
(b) You authorise us to directly debit any amount owing to us which has been contemplated under these terms and conditions to enable us to keep your account up to date.
(c) You acknowledge that you will be charged an admin fee of $0.95 by our direct debit agent:
(i) for management of your direct debit facility; and
(ii) of $6.50 if you have insufficient funds causing a payment fail, both of which will be debited from your account in addition to your membership.
(d) The direct debit fees may be increased in accordance with the Debit Service Agreement.
  1. PAYMENTS
(a) You must ensure sufficient funds are available at all times to cover the direct debits to be made under this Agreement.
(b) You must advise us in advance if your bank account or credit card is closed or changed.
(c) You acknowledge that it is your responsibility to cancel your direct debit facilities in respect of your membership when this agreement expires or is terminated.
  1. UPDATING TERMS
We reserve the right to update our Terms and Conditions at any time following the provision of 30 days’ written notice which may be given by:
(a) publishing a notice of the update in our newsletter
(b) placing notices of the update in our fitness centres;|
(c) writing to you by email advising of the update;
(d)  publishing notice of the update on our website; and/or
(e) sending you an SMS notification of the update.

Privacy Policy

This is Bayside Boxing and Balance’s privacy policy dated 6th November 2018 (“Privacy Policy”)
  1. This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information, including any Personal Information.  It applies to Bayside Boxing and Balance, Redland City Boxing your User Profile and all related sites, applications, services and tools regardless of how you access them.
Definitions and Interpretation
  1. In this Privacy Policy, each of the following terms has the corresponding meaning:
    1. “Member” means any member of Bayside Boxing and Balance or Redland City Boxing.
    2. “Payment Processor” means a provider of merchant services as specified in our Terms and Conditions
    3. “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
      1. whether the information or opinion is true or not; and
      2. whether the information or opinion is recorded in a material form or not.
    4. “Services” means any services provided by Bayside Boxing and Balance or Redland City Boxing or functions offered through the Boxing and Balance website and any related sites, applications, and services.
    5. “Member” or “you” means any user of Bayside Boxing and Balance or Redland City Boxing including without limitation any person that:
      1. Views the Boxing and Balance website in a browser;
      2. Submits any information via a membership form
      3. Submits any information to Bayside Boxing and Balance or Redland City Boxing, through use of an enquiry form, or otherwise;
      4. Signs up for a membership or account
      5. Pays for Services
      6. Conducts any other type of transaction in accordance with our Terms and Conditions.
Parties bound
  1. You accept this Privacy Policy when you sign up for a membership, access, or use the Services.
  2. We may amend this Privacy Policy at any time by advising the members.  The revised version will be effective 7 days after the members have been advised. For the avoidance of doubt, the current version of the Privacy Policy will remain in effect until the revised version takes effect.  When changes are made to this Privacy Policy an email will be sent to all members.
  3. Bayside Boxing and Balance or its associated incorporations is not currently bound to comply with the Australian Privacy Principles, and nothing in this policy shall be read to impose any obligation beyond that set out in this Privacy Policy.
How we collect information
  1. We collect information sent to us when you sign up for a membership either in person, on membership applications, over the phone, via email or online.
Information that we collect
  1. Transaction data includes:
    1. Transactions made throughout the gym
    2. Checking into classes
    3. Any other information collected whilst on site
  2. If you become a member of Bayside Boxing and Balance or Redland City Boxing, we may collect the following types of information:
    1. Contact information, such as your name, address, phone, email and other similar information;
    2. Detailed Personal Information, such as your date of birth or other personal identifiers.
    3. Information in identification documents
    4. Tax file numbers and other government issued identification numbers
    5. Date of birth and gender
    6. Bank account details
    7. Educational qualifications, employment history and salary
    8. Visa or work permit status
  3. We may also obtain any information about you from third parties such as credit bureaus, Payment Processors, and identity verification services.
  4. In some cases it may be necessary for Bayside Boxing and Balance or Redland City Boxing to collect sensitive information such as professional memberships, ethnic origin, criminal record and health information.
  5. Bayside Boxing and Balance and Redland City Boxing may also collect personal information from a third party via a reference check.  This information collected only from a source that is nominated by the person the information is about.
  6. Bayside Boxing and Balance or Redland City Boxing may also collect personal information via Social Media, SMS, mobile marketing or from a person’s use of its website via contact mailboxes or registration processes.
  7. We may also collect additional information from or about you in other ways, such as through contact with other Users, our support team, results when you respond to a survey or poll.
How we use Cookies
  1. When you access the Boxing and Balance website we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively “Cookies”).  We use Cookies to:
    1. Identify you as a User;
    2. Enable functionality on and to customise Boxing and Balance, content, and advertising;
    3. Measure promotional effectiveness;
    4. Mitigate risk and prevent fraud; and
    5. To promote trust and safety across our members and website.
  2. We use both session and persistent Cookies.  Session Cookies expire and no longer have any effect when you log out of your Profile or close your browser.  Persistent Cookies remain on your browser until you erase them or they expire.
  3. We encode our Cookies so that we can interpret the information stored in them.  You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Boxing and Balance website.
  4. You may encounter Cookies on websites that we do not control.  For example, if you access a third party website through our website, there may be a Cookie placed by the web page or an application within it.
How we protect and store Personal Information
  1. Throughout this Privacy Policy, we use the term “Personal Information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific member.
  2. We store and process your Personal Information on our computers in Queensland, Australia. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse and unauthorised access, disclosure and alteration.
How we use the Personal Information we collect
  1. Our primary purpose in collecting Personal Information is to provide you and each other member with a secure, smooth, efficient, and customised experience.  We may use your Personal Information to:
    1. Provide Bayside Boxing and Balance and Redland City Boxing, our services, and customer support;
    2. Facilitate transactions and send notices about your transactions;
    3. Resolve disputes, collect fees, and troubleshoot problems;
    4. Prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions;
    5. Customise, measure, and improve Bayside Boxing and Balance and Redland City Boxing
    6. Deliver targeted marketing, Service update notices, and promotional offers based on your communication preferences;
    7. Contact you at any telephone number, by placing a voice call or through text (SMS), or email messaging, as authorised by our Terms and Conditions; or
    8. Compare information for accuracy and verify it with third parties.
Marketing
  1. We do not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalise.  If you do not wish to receive marketing communication with us, outside of Bayside Boxing and Balance or Redland City Boxing then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you.
  2. Information generated by Bayside Boxing and Balance or Redland City Boxing is used by us for our internal development purposes and may also be sold to third parties in various forms. However, such information does not contain any Personal Information of any User.
How we share Personal Information
  1. We work with third parties, including payment gateways, merchant facility providers or Payment Processors to enable them to send payments from you.  In doing so, a third party may share information about you with us. This may include information to confirm that payment has been processed, and the transaction details, but not any credit card information.
  2. Please note that members who you buy from, or otherwise contract with, may have their own privacy policies, and although Bayside Boxing and Balance and their associated incorporations Terms and Conditions do not allow the other transacting party to use this information for anything other than providing their goods and services through the gym, Bayside Boxing and Balance and their associated incorporations is not responsible for their actions, including their information practices.
How we share Personal Information with other parties
  1. We may share your Personal Information with the following persons, or classes of persons.
    1. Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing, and technology services.
    2. Companies that we plan to merge with or be acquired by.  Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.
    3. Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable  to Bayside Boxing and Balance or one of its affiliates.
    4. Credit card brands in order to evidence the details of a transaction that has been queried by you, or another member.
    5. To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms and Conditions.
    6. Other third parties with your consent or direction to do so.
  2. Bayside Boxing and Balance and their associated incorporations will not sell or rent any of your Personal Information to third parties for their marketing purposes and only shares your Personal Information with third parties as described in this Privacy Policy.
  3. If you create an account, take membership on, or transact directly on a third party location or website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application.  These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Bayside Boxing and Balance is not responsible for the content or information practices of third parties.
How you can access or change your Personal Information
  1. You can review and edit your Personal Information by contacting our Privacy Officer at coach@boxandbalance.com.au.
How you can contact us about privacy questions
  1. If you have questions or concerns coach@boxandbalance.com.au. If you have a privacy complaint, you should report it by emailing us at coach@boxandbalance.com.au
Handling your complaints
  1. We aim to:
    1. Acknowledge receipt of all complaints within10 business days; and
    2. Resolve all complaints within 60 days, however, this may not be possible in all circumstances.
  2. Where we cannot resolve a complaint within 60 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
If a person, or an organisation, wishes to complain about how Bayside Boxing and Balance or its associated incorporations has handled personal information, it may do so by contacting the General Manager or Director, Bayside Boxing and Balance and providing the complaint in writing.
Contact details:
Director
Bayside Boxing and Balance
  1. Unit 6/63 Bay Terrace, Wynnum Qld 4178
Further Information
Should you require any further information or clarification, please contact Bayside Boxing and Balance on 0402 112305
 
Approved: Brent Sankey
Director
Bayside Boxing and Balance 6 November 2018