Mandala Studio Membership Terms Agreement

Introduction

Welcome to Mandala Studio, owned and operated by Rogue Jiu Jitsu PTY LTD, ABN 426 72 149 316 trading as Rogue BJJ, flow and food and Mandala Studio. By accessing our services (the “Activity”), you (the “Participant”) agree to comply with and be bound by all rules, terms and policies set forth by Mandala Studio and our directors, teachers, mentors, employees, affiliates and associates (the “Activity Provider”).

To create an account and book our services, you agree to the Member Terms and Agreement (the “Membership Terms”) below. If you do not agree or cannot comply with the Membership Terms, please do not proceed. In addition, please refer to our Terms of Service when using our website and booking system. When you create an account, we process your information as described in our Privacy Policy.

Commencement and Validity

Memberships

All Membership subscriptions commence on the date of the first class booked by the Participant and will be auto-renewed from that date as per the membership type description in the Activity Provider booking system. Membership subscriptions are valid for classes and are not valid for special events, workshops, terms, class series or courses.

Class Passes and/or packages

Class Passes and/or packages commence on the date of the first class booked by the Participant and will end as outlined in the Activity Provider booking system. Class passes are valid for yoga classes only and are not valid for BJJ classes, special events, workshops, terms, class series or courses.
Single Class Pass is valid for one (1) yoga class booking only as outlined in the Activity Provider booking system.
Rogue BJJ Visit is valid for one (1) Rogue BJJ class only as outlined in the Activity Provider booking system.
Courses, series, workshops and terms are valid for the specific term outlined in the Activity Provider booking system.

Fees

You agree to pay the Fees as outlined at www.mandalastudio.com.au and in the booking system, Momence.
Membership Fees and Class Pass Fees are all non-refundable.
Failure to pay auto-renewing Membership Fees on an ongoing basis will result in Membership termination.
You acknowledge the Activity Provider may increase fees at any time.
You acknowledge external processing fees may apply.
The Activity Provider is not responsible for additional bank fees or card fees that you may incur from nominated banks and you acknowledge these may occur.

Membership Disclaimer

You acknowledge that your Membership subscription will be automatically renewed and your bank card or bank account will be automatically charged depending upon the billing terms for your account, for as long as you remain an auto renewing Member.
You agree that the Activity Provider is not obligated to send you any renewal or advance billing notices or confirmations that your bank card has been charged.
The Activity Provider may increase, change or incentivise memberships at their own discretion.

Fitness to Participate

You acknowledge you do not have any physical limitations, medical ailments, or physical or mental disabilities that would limit or prevent you from participating in the Activity.
If required, you will obtain a medical examination and clearance. If pregnant, you will obtain a medical examination and clearance and communicate this to the Activity Provider.

Health and Wellness Disclaimer

Content, including but not limited to classes, articles, blogs, talks and other written resources provided by the Activity Provider, is for informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. You will consult a qualified healthcare provider for any medical or health-related concerns.

Your Obligations

In order to use our Websites and services, you agree to provide true, accurate, current and complete information about yourself on the membership application form and to maintain and promptly update such account information.
If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we will suspend or terminate your account immediately without any notice and refuse all current and future use by you of our Websites.
You agree you are responsible to cancel booked class attendance at least two (2) hours before the class start time through the Activity Provider booking system.
You agree to ensure there are sufﬁcient funds available to cover Membership Fees and automatic direct-debit.
If an automatic direct-debit is declined due to insufﬁcient funds, you will be directly-debited and charged any associated bank or third-party fees after the failed payment that the Activity Provider incurs.
If an automatic direct-debit is declined due to insufficient funds on an ongoing basis of more than 3 weeks, the Activity Provider will terminate your membership.

Cancellation Policy

The Activity Provider will not accept cancellations by phone, SMS, email, social media, or any other method. You acknowledge you are responsible for cancelling your own bookings using your Account by Desktop or the App.
If you fail to attend a booked class or cancel a booked class within two (2) hours prior to the scheduled start time of class, you will attract a Late-Cancellation-Fee.
If you are a Member of any type, a Late-Cancellation-Fee of $10 AUD will be automatically charged to your nominated bank account.
If you hold a Class Pass of any type, your account will be charged as if you attended and your pass will not be credited back to your account.
If you wish to cancel any weekly Membership subscription you can do so using your account at any time after a minimum of 24 weeks.
You accept that Mandala Studio is a small group wellbeing studio. If you cancel you acknowledge your place in the Membership may be taken up by another person on a private waitlist held by the Activity Provider. If you wish to re commence a Membership subscription with Mandala Studio at a future time, you agree to book a visit and speak to the Activity Provider in person before any recommencement to clarify if a place is available. You acknowledge you may need to join a private waitlist held by the Activity Provider and wait for notification to re commence a Membership subscription.
As a small wellbeing studio, you accept that you may pause a Membership subscription for a minimum of seven (7) days to a maximum of 28 days within one (1) calendar year with evidence of a medical certificate emailed to communitymandalastudio@gmail.com. You agree and accept that Membership subscriptions cannot be paused under any other circumstances.

Member Conduct

You agree to conduct yourself in a respectful and courteous manner.
You agree that any behaviour or situation that is deemed by the Activity Provider to be at risk, inappropriate, abusive, or harmful will result in immediate termination of your Membership or Class Pass and no fee refunds will apply.
You agree to and acknowledge all Activity Provider rules and terms.
Any behaviour that is deemed inappropriate, abusive, or harmful to others will result in immediate termination of your Membership or Class Pass and no refund will be provided.
The Activity Provider reserves the right to determine any behaviour that is deemed inappropriate, abusive or harmful to others.

Member Privacy

You understand that we may collect personal information about you, including your name, contact information, and payment details.
The Activity Provider will use this information for the purpose of managing your membership, informing you as approved and providing you with access to our facilities and classes.
You acknowledge photographs and video will be periodically collected of you for the purposes of promoting the Activity Provider on social media, Websites and other forms of traditional marketing. You take responsibility and will notify the Activity Provider if you have any limitations on the use of your image.
When you create an account, we process your information as described in our Privacy Policy.
You have read and acknowledged our Privacy Policy available on our Website www.mandalastudio.com.au.

Liability

You agree that your participation involves inherent risks and you assume all responsibility for any injuries that may occur while you participate in classes or using Activity Provider facilities.
Neither Mandala Studio, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees shall be nor be deemed to be responsible or liable (whether in contract, or in tort or under any statute whatsoever), for any injury, illness or mishap you may sustain arising from or out of, or in any way directly or indirectly connected with the Mandala Studio.
You agree to waive and release Mandala Studio, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees from any and all claims, damages, or liabilities that may arise from your participation in classes, workshops or use of Mandala Studio.
You agree to not seek compensation from Mandala Studio, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees against all actions, suits, causes of action, proceedings, claims, costs, and expenses whatsoever in connection with or arising out of any such injury, illness, mishap or death.

Consideration

Being of lawful age and in consideration of being permitted to participate in the Activity, you release and forever discharge the Activity Provider, its owners, directors, associates, affiliates, teachers, practitioners, instructors, mentors or employees, officers, agents, assigns, legal representatives, and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any injury to person or property, including injury resulting in your death which has been or may be sustained as a consequence of your participation in the Activity, and notwithstanding that such damage, loss, or injury may have been caused solely or partly by the negligence of the Activity Provider.

Governing Law

These Membership Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Australia.

Dated: 21 NOVEMBER 2024