Welcome to Metamorphica Mixed Martial Arts. To ensure that Metamorphica Mixed Martial Arts is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions.

We advise you to only sign this membership agreement if you understand and agree to abide with these conditions.

The information outlined in these terms and conditions can and will be used in the event of a discrepancy.

INTRODUCTION

By signing the agreement you acknowledge and agree:

you have been given a copy of this agreement and agree to abide by your obligations in it;

you are medically sound to undertake a normal course of exercise, you use the club facilities at your sole risk and responsibility and you are aware that exercise is physically demanding and participation in some activities may pose a risk to your health; and

DEFINITIONS

In this Agreement unless the contrary intention appears:

The singular includes the plural and vice versa.
A reference to a party includes that party's legal personal representative heirs and assigns.
"Club'' refers to Metamorphica Mixed Martial Arts.
"Metamorphica Mixed Martial Arts & Fitness " means the "Metamorphica Mixed Martial Arts (ABN 13690889448)" of 2/14 Harrison Court, Melton, VIC 3337.
"You" and "Member" refers to the name in which the trial membership account has been created, and includes the parent or guardian of the Member if the Member is under 18 years.

MEMBERSHIP QUERIES

All queries and comments about the services provided under this Agreement should be directed to Metamorphica Mixed Martial Arts via its contact details listed on the website.

GENERAL CONDITIONS OF ENTRY

To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of your membership:

ENTRY: Entry will be refused or you may be requested to leave the Club if:

you are using abusive or threatening language or behaving in a threatening way; or

you are under the influence of drugs or alcohol; or

you instruct other members when Metamorphica Mixed Martial Arts has not authorised you to do so; or

you behave in another way that is considered by Metamorphica Mixed Martial Arts to be risky or seriously inappropriate.

NON-SMOKING: Metamorphica Mixed Martial Arts is a non-smoking facility.

DRESS CODE: Fully enclosed, clean sports shoes must be worn during workouts for safety reasons, excluding when participating in classes on the Martial Arts mat areas. Members and visitors must wear shoes going to the toilets and not use the toilets with bare feet. Members are required to wear a t-shirt at all times in the club. Clothing must be clean and tidy with no offensive prints or designs for the consideration of other members.

TOWELS: You are required to use a towel when participating in classes and when exercising on gym equipment to maintain hygiene and safety standards. You may be requested to cease training if you do not use a towel.

ILLEGAL ACTIVITIES: No illegal activities are permitted in the club, including but not limited to the use or sale of steroids or performance enhancing drugs.

CHILDREN: Minors under the age of 18 years may be eligible for a membership and the following general terms and conditions:

the minor must comply with all safety requirements of the club as communicated to the member from time to time;

the minor's membership may be cancelled for any inappropriate behaviour, misuse of equipment or failure to comply with safety requirements;

all minors must leave the club immediately once staffed hours have ended;

all minors can only access the club during staffed hours.

PERSONAL TRAINING: Personal training services are available for an additional fee. Please contact the club for more information or make contact with one of the Personal Trainers directly. Please note only authorised Metamorphica Mixed Martial Arts registered Personal Trainers are permitted to train members in Metamorphica Mixed Martial Arts. Conducting personal training within Metamorphica Mixed Martial Arts without being an approved Personal Trainer may result in the cancellation of your membership.

ALLOWING US TO USE YOUR IMAGE: We sometimes film or photograph the club so it is possible you will appear in the background. By signing your agreement, you allow us to use your image in promotional and other business-related material.

USE OF EQUIPMENT

For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.

If you are not sure of correct use or operation of equipment please seek assistance from a Metamorphica Mixed Martial Arts team member.

You are required to return equipment to their original state when you have finished, including:

return weights and bars to their rack;

unload plates from machines and bars;

return equipment to its storage location.

As a courtesy to other members, please use a clean towel when using equipment and keep phone calls to a minimum.

VALUABLES AND LOST PROPERTY

Metamorphica Martial Mixed Arts employees or contractors are not responsible for any loss of, or damage to, personal property from the Club, and Metamorphica Mixed Martial Arts recommends that you keep all valuables with you while using the club.

Metamorphica Mixed Martial Arts is unable to look after your personal possessions (keys and wallets for example) whilst you are in the Club.

Bags are not permitted on the gym floor or mat areas for safety reasons.

Personal items are not permitted to be stored in storage areas overnight, and storage areas are cleared daily. Any drink bottle, clothing or equipment items remaining in storage areas or handed into Reception will be discarded at close of business daily. Any personal items found to be of personal or high value such as, but not limited to, rings and jewellery will be held for two weeks only.

MEMBERSHIP ENTITLEMENTS

Membership at Metamorphica Mixed Martial Arts entitles you to:

Work out as many times as you wish in a given period, subject to any restrictions in your membership type relating to specific singular program enrolment.

Use exercise equipment located on the gym floor and cardiovascular training areas.

Metamorphica Mixed Martial Arts reserves the right to make changes to:

exercise equipment supplied in any of its Clubs at any time or

the timetable at any time (i.e. alter class type, times and instructors).

MEMBERSHIP OBLIGATIONS

Membership at Metamorphica Mixed Martial Arts requires you to:

Advise Metamorphica Mixed Martial Arts of any changes to your contact details.

Comply with all Conditions of Entry and the guidelines in this agreement.

Inform us in advance if there are any risks to your health if you participate in services and if required seek approval from your Doctor or General Practitioner.

SPECIAL CONDITIONS FOR CERTAIN MEMBERSHIP TYPES

If there are special conditions or benefits relating to your membership type, these will be either attached to your membership contract and/or displayed on the website and form part of your membership agreement.

TERMINATION

Metamorphica Mixed Martial Arts reserves the right to terminate this membership agreement in any of the following circumstances:

You fail to abide by any of the criteria listed in the Conditions of Entry or the obligations listed in this agreement; or

If Metamorphica Mixed Martial Arts reasonably believes that you have engaged in inappropriate conduct; or

the temporary or permanent closure of the club where a suitable training replacement is not available for the membership to transfer; or

to protect the health and safety of you or other members.

DAMAGE & PERSONAL INJURY

To the extent permitted by law, Metamorphica Mixed Martial Arts excludes any liability to the Member/s in Agreement, tort, statute or in any other way for any injury, illness (including without limitation to Covid-19), damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the Member and/or any other person, or for any costs, charges or expenses incurred by the Member, arising from or in connection with this Membership Agreement and/or the services/products provided by Metamorphica Mixed Martial Arts and/or any act or omission of Metamorphica Mixed Martial Arts .

I fully understand and acknowledge that: There are risks and dangers associated with participation in fitness and martial arts events and activities which could result in illness (including and not limited to Covid-19) bodily injury partial and/or total disability, paralysis and death. The social, financial and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. I understand that the practice of the Martial Arts involves the risk of serious injury and financial/economic loss and I participate on the understanding that I am doing so at my own risk.

I agree to and hereby indemnify Metamorphica Mixed Martial Arts (Metamorphica Martial Arts & Fitness) and its officers, instructors, servants and each of them from and against claims of damage, personal injury or illness (including COVID-19) sustained by myself or my child while participating in any fitness or martial arts activities or functions connected with Metamorphica Mixed Martial Arts (Metamorphica Martial Arts & Fitness) or travelling to and from such activities or functions arising from any breach of statutory duty.

I understand and hereby absolve and indemnify Metamorphica Mixed Martial Arts and all their servants, agents, employees and other students or persons under the provider's control (the "indemnified") from all liability howsoever arising for injury or damage (including but not limited to the applicant's person, whether fatal or otherwise, property and personal belonging) however caused including by the negligence of the indemnified, arising out of or participating in the Martial Arts or in any way caused by, or arising out of, any activities carried on by the indemnified.

This agreement shall be binding upon me, my successors, dependants, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect

SAFETY, MAINTENANCE & SERVICE DEMAND

From time to time Metamorphica Mixed Martial Arts may be required to make changes to the operation of the premises, these may include:

Changing the operating hours to suit demand, or in line with government restrictions.

Changing the availability of facilities or services within the Club.

Closing off part of the premises or equipment for maintenance or safety reasons. Changing General Conditions of Entry.

Where this occurs Metamorphica Mixed Martial Arts will provide reasonable notice on the Club notice boards, at reception, the Metamorphica Mixed Martial Arts website or social media accounts.

PRIVACY

Your "personal information" (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by Metamorphica Mixed Martial Arts or DebitSuccess in accordance with the provision of their Privacy Statements.

DebitSuccess' Privacy Statement can be obtained from its website www.debitsuccess.com.

Metamorphica Mixed Martial Arts's Privacy Statement can be obtained from its website www.metamorphicamma.com.au.

ENTIRE AGREEMENT

This Agreement and its Annexures, and any Special Terms & Conditions listed on the website constitute the entire agreement, understanding and arrangement (express and implied) between the Member and Metamorphica Mixed Martial Arts relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

Timetable