HUSTL. GROUP: PARTICIPATION AGREEMENT
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
For and in consideration of HUSTL. PTY LTD and HUSTL. STATION PTY LTD (collectively Hustl. Group) granting me permission to attend and participate in a Hustl. Group class, course or workshop whether online or at a Hustl. studio (Class) and as a condition of entry, I HEREBY AGREE to the following terms and conditions:
Risk Warning, Acceptance of Risks, Release and Indemnity
I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a Class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
I fully appreciate the nature and extent of all risks involved and by participating in a Class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the Class, whether caused by the negligence of Hustl. Group and the Associated Entities, or otherwise.
By entering a Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify Hustl. Group in writing of any change to by fitness and ability to participate.
To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of Hustl. Group and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Hustl. Group and the Associated Entities, or otherwise.
To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Hustl. Group and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Hustl. Group and the Associated Entities, or otherwise.
To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Hustl. Group and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a Class, whether caused by the negligence of Hustl. Group and the Associated Entities, or otherwise.
I agree that the liability of Hustl. Group in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW)) for any:
b. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
c. contraction, aggravation or acceleration of a disease; or
d. coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
that is or may be harmful or disadvantageous to the individual or community; or
that may result in harm or disadvantage to the individual or community,
that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
8. By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (NSW); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.
Medical Information and Treatment
9. I understand that I should not participate in a Class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
10. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
11. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a Class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that Hustl. Group or Associated Entities think desirable.
Personal Information and Publicity
Safety and Insurance
I acknowledge and agree that any safety precautions undertaken by Hustl. Group and Associated Entities are a service to me and not a guarantee of my safety.
I acknowledge and agree that any insurance cover affected for participants in a Class may not cover me for any or all death, injury, loss or damage sustained by me.
15. I acknowledge that Hustl. Group may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.
Studio Class Packs and Payment
I understand that Studio Class Packs may be purchased as follows:
’10 Class Pass’
10 Class Pass must be paid in full prior to attendance of first class. Pass expires 4 months after date of purchase and allows pass holder to book in to attend 10 classes.
First Timer pass must be paid in full prior to attendance of first class. Pass is only available for purchase to new customers. Pass is valid for 7 days from date of first class booked and allows pass holder to book in to attend 2 classes.
Holiday Maker pass must be paid in full prior to attendance of first class. Pass is valid for 7 days from date of first class booked and allows pass holder to book in to attend an unlimited number of classes.
Weekly Subscription passes will have the first weekly payment debited upon purchase of a pass. Thereafter, the Weekly Subscription fee will be debited every 7 days using my original payment method unless cancelled in accordance with the minimum membership period requirements. If my payment is dishonoured, I will be notified via email and will have 3 days to remedy the default. If no action is taken, a $10 dishonour fee will be charged per failed attempt to debit my account.
I acknowledge and agree that passes are not refundable, extendable, or transferrable unless otherwise agreed by Hustl. Group. Persons found sharing their passes may have their pass terminated or suspended by Hustl. Group.
I acknowledge and agree that:
18. Hustl. Group retains the right to refuse studio entry to any person at its sole discretion.
19.Any attendees under 18 years of age must have permission from a parent or guardian to participate.
20. I am required to follow all reasonable directions of Hustl. Group instructors and staff while at the studio.
In-Studio Class Booking Cancelation
I acknowledge and agree that:
21. In-studio class bookings can be cancelled up to 1 hour prior to the scheduled commencement time of that class without the deduction of a class credit from my class pass or any cancellation fee.
22. If I elect to cancel a class within 1 hour of the scheduled commencement time of that class or do not attend, the following will apply:
10 Class Pass and First Timer pass holders will have 1 class credit deducted and will be charged a $10 fee.
Holiday Maker and Weekly Subscription holders will be charged a $10 fee.
23. Cancellations must be made through the Hustl. App’s booking system.
Studio Weekly Subscription Cancellation
I acknowledge and agree that:
The minimum membership period for Weekly Subscription members is 16 weeks.
At any stage after the initial 16 week period, members may cancel their Weekly Subscription by providing 4 weeks’ notice in writing to [email protected]
At any stage after the initial 16 week period, members may suspend their Weekly Subscription for a maximum period of 2 weeks.
Members may suspend their Weekly Subscription no more than once in a 3 month period.
Members of the Online Studio may not share, give or sell their login details or password to any other person or entity
Hustl. Group’s online content is not directed to persons under eighteen (18) years of age and by providing information about yourself to Hustl. Group you are representing that you are eighteen (18) years of age or older.
Online Membership Payment
The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month or year on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your online membership through to the end of your current billing period.
Online Membership Cancellations
1. You may cancel your online membership at any time for any reason. To cancel your recurring subscription, please visit your online membership settings.
2. Following a cancellation, you will lose access to your membership at the end of your billing period, either monthly or annually.
3. I agree that Hustl. Group may terminate my membership or pass without notice for illegal, offensive or inappropriate behaviour, as determined by Hustl. Group, which occurs on Hustl. Group’s premises or is directed at Hustl. Group staff, members or participants.
Basis of Agreement
I agree that:
These Terms and Conditions apply exclusively to the provision of goods and services by Hustl. Group to me and cannot be replaced or varied without the written agreement of Hustl. Group.
Hustl. Group may vary or amend these Terms and Conditions at any time by written notice published on the website https://www.hustl.com.au/. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.
These Terms and Conditions shall be governed by and construed according to the law of New South Wales, Australia, and I submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Defined Terms and Interpretation
7. In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:
8. Associated Entities means all persons, corporations and entities other than Hustl. Group that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a Class or receiving benefits from a Class, and includes without limitation the officers, directors and employees of Hustl. Group or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
9. Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.
Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.
In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives.
To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by Hustl. Pty Ltd or Hustl. Station Pty Ltd on behalf of those persons