By signing below, I confirm that I have read, understood, and agree to the Membership Terms and Conditions and Privacy Policy of CAPTivate Gymnastics.
IMPORTANT CLAUSES:
3.5 PHOTOGRAPHY AND VIDEOGRAPHY POLICY
I Agree
(a) At CAPTivate Gymnastics, we prioritise the safety, privacy, and comfort of our gymnasts and their families. To maintain a respectful and secure environment, we have established the following guidelines regarding photography and videography at our premises and during club activities.
(b) Photography and videography by parents, guardians, or visitors during classes, training, or events is not permitted unless prior approval is obtained from CAPTivate Gymnastics staff. This policy is in place to protect the privacy and safety of all participants, especially minors.
(c) CAPTivate Gymnastics staff may take photos or videos during classes, events, or performances for the following purposes:
(i) Coaching analysis and athlete development
(ii) Club marketing (e.g. website, social media, flyers)
(iii) Historical documentation of club activities and events
(d) Images and videos used for promotional purposes will never include personally identifying details, such as full names or locations, without additional consent.
(e) By agreeing to these Terms and Conditions, the participant provides CAPTivate Gymnastics with consent to take and use photos and videos as outlined in this policy. This consent remains valid for the duration of participation, unless withdrawn in writing. Participants who choose not to provide consent will be respectfully accommodated in group settings and excluded from promotional photography.
(f) For special events (e.g., showcases or competitions), CAPTivate Gymnastics may engage a designated photographer or videographer.
(g) Participants will be notified in advance and given the opportunity to opt out of event photography.
(h) External photographers must be approved by CAPTivate management and comply with the Working With Children Check (WWCC) and club policies.
(i) We kindly request that families refrain from posting photos or videos that include other children from the host gym club without obtaining prior permission from their parents or guardians.
(j) CAPTivate Gymnastics reserves the right to request the removal of any content that violates this policy.
(k) All photos and videos taken by CAPTivate Gymnastics will be securely stored and used only for the purposes for which consent was provided. Any breaches of this policy will be treated seriously and may result in termination of membership.
(l) Participants must not take photos of other gymnasts or coaches, or upload any photos featuring others in the background, to social media without explicit permission.
5 MEDICAL DISCLOSURE
I Agree
(a) By participating in the CAPTivate Gymnastics program, you confirm that you have disclosed to CAPTivate Gymnastics any known prior or existing medical conditions that may affect your ability to safely participate in the activities. You are responsible for ensuring that this information is kept current and accurate. If any changes to your medical status occur, you must promptly inform CAPTivate Gymnastics.
(b) If you have any medical conditions, concerns, or are unsure of your ability to participate, you agree to consult with a doctor or healthcare professional prior to commencing the program. CAPTivate Gymnastics strongly recommends that you seek medical advice if you have any doubts about your fitness to engage in physical activities.
(c) If you have suffered an injury or illness that may impact your ability to participate, you agree to obtain medical clearance from a qualified healthcare provider before resuming any training or classes. You must provide CAPTivate Gymnastics with a medical certificate or written confirmation from your doctor that you are fit to participate in the program.
(d) You acknowledge and accept that you are responsible for your own health and safety during participation in the program. CAPTivate Gymnastics reserves the right to ask for medical clearance before allowing you to resume participation in any class or activity if there are concerns regarding your health or fitness to train.
RISK ACKNOWLEDGMENT AND 8.4 RISK
I Agree
Participating in the Program is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. CAPTivate Gymnastics uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Program at your own risk and acknowledge that you have read clauses 3 (Safety and Facility Guidelines) and 4 (Facility and Other Policies), which describe your rights under Australian Consumer Laws, and how CAPTivate Gymnastics limits its liability to you.
8.4 RISK
(a) Participating in the Program and using the Facilities involves the potential for injury and the Participant is participating in any Program or using the Facilities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, and death.
(b) The Participant acknowledges that there will be times where the Participant will be unsupervised by any CAPTivate Gymnastics Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Participant’s unsupervised use of the Facilities, unless there is reckless disregard or gross negligence on CAPTivate Gymnastics’s behalf.
(c) The Participant acknowledges that while CAPTivate Gymnastics uses its best endeavours to ensure that the Facilities and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Facilities users. The Participant agrees that CAPTivate Gymnastics will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on CAPTivate Gymnastics’s behalf.
(d) The Participant will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Program or use of the Facilities.
TRIAL PERIOD AND MAKE-UP POLICY
I Agree
(c) The first two weeks of the term are considered a Trial Period . If the Participant withdraws within this period, they are eligible for a pro-rata refund based on the number of remaining classes. All withdrawals are subject to a $20 administrative fee. The last date to request a pro-rata refund for the Trial Period will be specified in the Registration Form.
(d) No refunds will be provided for any withdrawals after the Trial Period. All fees paid are non-refundable once the Trial Period has ended.
1.5 Makeup Class Policy
(a) If a participant is unable to attend their scheduled class, they may be eligible to attend a make-up class. Make-up classes are provided at the sole discretion of CAPTivate Gymnastics, subject to availability and the coaching staff's discretion.
(b) Make-up classes are only available for regular program classes, not for special sessions such as "Come and Try", workshops, or bring-a-friend days.
(c) Make-up classes are only available if the program offers multiple class days within the week. In the event that there is only one scheduled class day per week for a particular program, make-up classes will not be available for that class.
(d) To request a make-up class, participants must submit the Make-Up Class Request Form at least 8 hours prior to the scheduled class the participant is unable to attend.
(e) The request form must be completed by the participant, if you have any issues you may CAPTivate Gymnastics directly.
(f) Participants must check the Make-Up Class Availability Spreadsheet to confirm availability in the desired make-up class. Spots are not guaranteed.
(g) Make-up classes must be attended within the same term and in the same stream/program of gymnastics (e.g., Artistic Gymnastics or Trampoline & Tumbling).
(h) Make-up classes are subject to confirmation from CAPTivate Gymnastics based on availability and coaching staff schedules. CAPTivate Gymnastics makes no guarantees that a requested make-up class will be available.
(i) Make-up classes must be used before the end of the current term in which they were granted.
(j) Any unused make-up classes will expire at the conclusion of the current term and will not carry over to future terms.
(k) Each Terms make-up classes will expire on the last day of the term and any unused make-up classes will not be refunded or extended.
(l) Make-up classes are non-transferable. The participant must attend the make-up class for the specific missed class and cannot use the make-up class for other activities, special sessions, or events such as workshops or bring-a-friend days.
(m) If a participant fails to attend the confirmed make-up class, they will forfeit that session, and no further make-up classes will be provided.
(n) CAPTivate Gymnastics is not liable for any inconvenience, loss, or injury caused by a participant’s inability to attend a scheduled class or the non-availability of make-up classes. The provision of make-up classes is a benefit, not a contractual right. CAPTivate Gymnastics reserves the right to modify or suspend the make-up class policy at its discretion.
Membership Terms and Conditions and Privacy Policy of CAPTivate Gymnastics
PLEASE READ CAREFULLY
MEMBERSHIP TERMS AND CONDITIONS
These Terms and Conditions, together with any applicable Registration Form and Waiver (together this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (the Participant, you, your ) will obtain services, including the Program, Monckton Gymnastics Academy Pty Ltd ACN 646 506 256 as trustee for Namale Trust (ABN 60 441 438 614 trading as ‘CAPTivate Gymnastics’ (CAPTivate Gymnastics, we, us, our ).
We may change these Terms and Conditions at any time by updating the Terms and Conditions page on our website https://www.captivategymnastics.com.au/ (Website ), Visit the website [https://www.captivategymnastics.com.au/] for more details, and your participation in the Program following such an update will represent an agreement by you to be bound by the Terms and Conditions as amended. Changes to these Terms and Conditions will only apply to Registration Forms entered into after the change occurs.
By signing below or otherwise indicating your acceptance of these terms, the Participant, or if the Participant is a minor, their Parent or Guardian on their behalf, agrees to this Agreement.
Participating in the Program is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. CAPTivate Gymnastics uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Program at your own risk and acknowledge that you have read clauses 3 (Safety and Facility Guidelines) and 4 (Facility and Other Policies), which describe your rights under Australian Consumer Laws, and how CAPTivate Gymnastics limits its liability to you.
1 PROGRAM AND TERM
1.1 Program Overview
(a) CAPTivate Gymnastics offers gymnastics programs designed for adult participants, available in two distinct streams:
(i) Artistic Gymnastics: Focused on developing artistic gymnastics skills, this stream caters to individuals aiming to enhance their physical strength, flexibility, and overall performance in gymnastics.
(ii) Trampoline & Tumbling (T&T): Concentrated on tumbling skills, this stream emphasises acrobatics, aerial flips, and dynamic floor work, ideal for those looking to master acrobatic movements and tumbling techniques.
(iii) CAPTivate may offer special one-off classes/sessions/workshops (such as "Come and Try" or "Bring a Friend" days, or specific skill workshops) from time to time.
(iv) CAPTivate Gymnastics may change days, times and programs from term to term. Information about programs available will be published on the website.
(b) Skill Levels and Progression
(i) Each stream is structured to accommodate varying skill levels, offering participants the opportunity to progress according to their individual goals and abilities.
1.2 Registration and Agreement
(a) To participate in the CAPTivate Gymnastics program, you must complete the Registration Form.
(b) By submitting the form, you agree to the terms and conditions of this Agreement, including the payment terms and details of the program.
1.3 Term of Agreement
(a) This Agreement commences on the date you sign and agree to the Terms and Conditions as specified in the Registration Form and continues for the duration of the Minimum Term (typically a 10-week term unless otherwise stated). This is your Membership Plan.
(b) The program operates on a term-by-term basis, and Membership does not automatically renew at the end of each term. If you wish to continue participation, you must re-register for each new term.
(c) Re-registration for Each Term
(i) Participants must re-register for each new term. Upon the completion of each term, a new Registration Form must be submitted, and the applicable payment for the upcoming term must be made if you wish to continue participation.
(ii) Your Membership will not automatically renew after the current term ends. CAPTivate Gymnastics will provide notice prior to the end of the current term to remind you to register for the next term.
1.4 Class Schedule
(a) Classes are scheduled at fixed times each week, which will be disclosed to you upon registration. These times are set and cannot be changed mid-term.
(b) Classes will not run on Public Holidays.
(c) CAPTivate Gymnastics may change days, times and programs from term to term. Information about programs available will be published on the website.
1.5 Makeup Class Policy
(a) If a participant is unable to attend their scheduled class, they may be eligible to attend a make-up class. Make-up classes are provided at the sole discretion of CAPTivate Gymnastics, subject to availability and the coaching staff's discretion.
(b) Make-up classes are only available for regular program classes, not for special sessions such as "Come and Try", workshops, or bring-a-friend days.
(c) Make-up classes are only available if the program offers multiple class days within the week. In the event that there is only one scheduled class day per week for a particular program, make-up classes will not be available for that class.
(d) To request a make-up class, participants must submit the Make-Up Class Request Form at least 8 hours prior to the scheduled class the participant is unable to attend.
(e) The request form must be completed by the participant, if you have any issues you may CAPTivate Gymnastics directly.
(f) Participants must check the Make-Up Class Availability Spreadsheet to confirm availability in the desired make-up class. Spots are not guaranteed.
(g) Make-up classes must be attended within the same term and in the same stream/program of gymnastics (e.g., Artistic Gymnastics or Trampoline & Tumbling).
(h) Make-up classes are subject to confirmation from CAPTivate Gymnastics based on availability and coaching staff schedules. CAPTivate Gymnastics makes no guarantees that a requested make-up class will be available.
(i) Make-up classes must be used before the end of the current term in which they were granted.
(j) Any unused make-up classes will expire at the conclusion of the current term and will not carry over to future terms.
(k) Each Terms make-up classes will expire on the last day of the term and any unused make-up classes will not be refunded or extended.
(l) Make-up classes are non-transferable. The participant must attend the make-up class for the specific missed class and cannot use the make-up class for other activities, special sessions, or events such as workshops or bring-a-friend days.
(m) If a participant fails to attend the confirmed make-up class, they will forfeit that session, and no further make-up classes will be provided.
(n) CAPTivate Gymnastics is not liable for any inconvenience, loss, or injury caused by a participant’s inability to attend a scheduled class or the non-availability of make-up classes. The provision of make-up classes is a benefit, not a contractual right. CAPTivate Gymnastics reserves the right to modify or suspend the make-up class policy at its discretion.
2 PAYMENT
2.1 FEES
(a) The Participant must pay the Fees to CAPTivate Gymnastics, in the amounts and at the times set out in the Registration Form or as otherwise agreed in writing.
(b) Fees include Insurance and Registration Fees, and CAPTivate Gymnastics will register you with Gymnastics Australia/Gymnastics New South Wales for the current calendar year.
2.2 UPFRONT PAYMENT
(a) The Participant must pay the full registration amount, as specified in the Registration Form, for each term or other classes/sessions offered, upfront at the time of registration. Payments can be made using the payment method specified in the Registration Form or through an external payment provider such as TryBooking.
(b) TryBooking is an online ticketing and event booking platform that allows participants to easily make payments for classes, events, or activities. It simplifies the payment process by enabling secure online payments via credit card or other methods accepted on the platform. For their terms and conditions, please visit their website: [https://www.trybooking.com/] for more details.
(c) The first two weeks of the term are considered a Trial Period . If the Participant withdraws within this period, they are eligible for a pro-rata refund based on the number of remaining classes. All withdrawals are subject to a $20 administrative fee. The last date to request a pro-rata refund for the Trial Period will be specified in the Registration Form.
(d) No refunds will be provided for any withdrawals after the Trial Period. All fees paid are non-refundable once the Trial Period has ended.
2.3 FEE INCREASES
We reserve the right to increase the Fees at any time after the membership period has ended. For example, we may increase the fees payable from one term to the next.
2.4 INVOICES
If CAPTivate Gymnastics issues an invoice to the Participant, payment must be made by the time(s) specified in such invoice.
2.5 GST
Unless otherwise indicated, amounts stated in a Registration Form include GST.
2.6 PAYMENT
CAPTivate Gymnastics may use external booking sites such as TryBooking, to collect payments for certain services, including special one-off sessions. Otherwise will use Bank Transfer, PayID, or PayPal, as outlined below:
(a) TryBooking for Special Sessions
For events such as "Come and Try" days, payments will be processed through Trybooking, an online platform that allows for secure booking and payment via credit card. This platform is used to facilitate easy registration and payment for these special one-off sessions.
(b) Bank Transfer or PayID for Term Enrolments
For term enrolments, payments are to be made via Bank Transfer or PayID. Bank Transfer or PayID payments are preferred and should be sent to captivategymnasticsaustralia@gmail.com.
(c) PayPal Payments
If paying via PayPal, a 3% processing fee will be added to the total amount due. For example, if the term cost is $495, the participant will be required to pay an additional $14.85, bringing the total to $509.85.
(d) Payment Terms
All payments must be made in full prior to the participant’s attendance at their first class, session or event.
By using these payment methods, participants confirm their registration and agree to the terms outlined for their chosen payment option.
3 SAFETY AND FACILITY GUIDELINES
3.1 Safety Measures
(a) CAPTivate Gymnastics is committed to providing a safe environment for all participants, including both adult participants and child participants (aged under 18). To ensure the safety and well-being of all individuals participating in the program, CAPTivate Gymnastics has implemented comprehensive safety measures that all participants must adhere to. These measures include, but are not limited to, instructions and guidelines for the use of the facility, equipment, and participation in activities.
(b) Participants must comply with the following safety guidelines and directions to ensure safe and appropriate use of the facilities:
(i) Participants will be instructed on where and how to store their personal belongings, including bags, shoes, and other items, during their class. All personal items must be stored in designated areas as instructed by CAPTivate Gymnastics staff. Participants are responsible for ensuring their personal items are securely stored and are not left in areas where they may cause obstruction or risk of injury.
(ii) Participants will be informed of which bathroom facilities they are permitted to use during their visit. All participants must use only the designated facilities for their gender or as otherwise instructed by CAPTivate Gymnastics. Participants should refrain from using any other bathroom facilities located within the venue.
(iii) Participants must follow all directions provided by CAPTivate Gymnastics regarding the use of the facility. This includes, but is not limited to, instructions on equipment use, safety practices, and behaviour within the gymnasium. Failure to adhere to these instructions may result in removal from the facility and suspension or termination of membership, at CAPTivate Gymnastics' discretion.
3.2 Pre-Class Instructions
(a) Prior to their first class, all participants will receive an email template containing the necessary instructions and information on how to safely engage with the facilities and participate in the program.
(b) This email may include, but is not limited to:
(i) A welcome letter outlining the facility's rules and safety procedures.
(ii) Instructions on how to properly use the equipment and location of emergency exits.
(iii) Details on where participants should store their bags and other personal belongings.
(iv) Clear instructions regarding the bathroom facilities designated for use by adult participants and child athletes.
3.3 Liability for Non-Compliance
(a) CAPTivate Gymnastics will not be liable for any injury, loss, or damage resulting from the participant’s failure to comply with the safety and facility guidelines set out in this clause.
(b) By agreeing to this Agreement, the participant acknowledges and agrees to abide by all facility and safety instructions, and understands that failure to do so may result in disciplinary action, including suspension or termination of membership.
3.4 HOST GYM
(a) CAPTivate Gymnastics operates its programs at facilities provided by the host gym. The host gym is responsible for maintaining the cleanliness and upkeep of the common areas, as well as providing first aid kits and medical assistance in case of emergencies.
(b) CAPTivate Gymnastics will ensure that all participants are informed of and adhere to the child safety protocols and other safety measures established by the host gym.
(c) However, CAPTivate Gymnastics is not liable for any incidents, accidents, or injuries that occur as a result of the host gym’s failure to meet these responsibilities, including but not limited to negligence in facility maintenance or the provision of medical support.
3.5 PHOTOGRAPHY AND VIDEOGRAPHY POLICY
(a) At CAPTivate Gymnastics, we prioritise the safety, privacy, and comfort of our gymnasts and their families. To maintain a respectful and secure environment, we have established the following guidelines regarding photography and videography at our premises and during club activities.
(b) Photography and videography by parents, guardians, or visitors during classes, training, or events is not permitted unless prior approval is obtained from CAPTivate Gymnastics staff. This policy is in place to protect the privacy and safety of all participants, especially minors.
(c) CAPTivate Gymnastics staff may take photos or videos during classes, events, or performances for the following purposes:
(i) Coaching analysis and athlete development
(ii) Club marketing (e.g. website, social media, flyers)
(iii) Historical documentation of club activities and events
(d) Images and videos used for promotional purposes will never include personally identifying details, such as full names or locations, without additional consent.
(e) By agreeing to these Terms and Conditions, the participant provides CAPTivate Gymnastics with consent to take and use photos and videos as outlined in this policy. This consent remains valid for the duration of participation, unless withdrawn in writing. Participants who choose not to provide consent will be respectfully accommodated in group settings and excluded from promotional photography.
(f) For special events (e.g., showcases or competitions), CAPTivate Gymnastics may engage a designated photographer or videographer.
(g) Participants will be notified in advance and given the opportunity to opt out of event photography.
(h) External photographers must be approved by CAPTivate management and comply with the Working With Children Check (WWCC) and club policies.
(i) We kindly request that families refrain from posting photos or videos that include other children from the host gym club without obtaining prior permission from their parents or guardians.
(j) CAPTivate Gymnastics reserves the right to request the removal of any content that violates this policy.
(k) All photos and videos taken by CAPTivate Gymnastics will be securely stored and used only for the purposes for which consent was provided. Any breaches of this policy will be treated seriously and may result in termination of membership.
(l) Participants must not take photos of other gymnasts or coaches, or upload any photos featuring others in the background, to social media without explicit permission.
4 FACILITY AND OTHER POLICIES
4.1 Car Park Use
(a) The car park at the CAPTivate Gymnastics facilities are shared between CAPTivate Gymnastics and the host gym. While every effort will be made to ensure availability of parking spaces, CAPTivate Gymnastics makes no guarantees regarding the availability of parking at any given time.
(b) CAPTivate Gymnastics will not be held liable for any damage, loss, or theft to vehicles or personal property left in the car park.
(c) Participants must comply with any parking rules or signage displayed in the car park. CAPTivate Gymnastics reserves the right to restrict access to the car park, or take other appropriate action, in the event of misuse or abuse of parking spaces.
4.2 Guest Policy
(a) Guests may occasionally visit and watch CAPTivate Gymnastics classes, subject to the following terms and conditions:
(b) Guests must receive prior approval from CAPTivate Gymnastics before attending any class. Participants wishing to bring a guest must notify CAPTivate Gymnastics in advance.
(c) Guests must comply with all safety guidelines, facility rules, and behaviour expectations while on the premises. CAPTivate Gymnastics reserves the right to ask any guest to leave if their behaviour is deemed disruptive or inappropriate.
(d) Any guest attending the facility does so at their own risk. CAPTivate Gymnastics will not be held liable for any injury, loss, or damage sustained by a guest while on the premises.
(e) No photos or videos may be taken by guests during any class, event, or activity at CAPTivate Gymnastics. This includes, but is not limited to, photos or videos of CAPTivate Gymnastics staff, participants, host gym facilities, or athletes.
5 MEDICAL DISCLOSURE
(a) By participating in the CAPTivate Gymnastics program, you confirm that you have disclosed to CAPTivate Gymnastics any known prior or existing medical conditions that may affect your ability to safely participate in the activities. You are responsible for ensuring that this information is kept current and accurate. If any changes to your medical status occur, you must promptly inform CAPTivate Gymnastics.
(b) If you have any medical conditions, concerns, or are unsure of your ability to participate, you agree to consult with a doctor or healthcare professional prior to commencing the program. CAPTivate Gymnastics strongly recommends that you seek medical advice if you have any doubts about your fitness to engage in physical activities.
(c) If you have suffered an injury or illness that may impact your ability to participate, you agree to obtain medical clearance from a qualified healthcare provider before resuming any training or classes. You must provide CAPTivate Gymnastics with a medical certificate or written confirmation from your doctor that you are fit to participate in the program.
(d) You acknowledge and accept that you are responsible for your own health and safety during participation in the program. CAPTivate Gymnastics reserves the right to ask for medical clearance before allowing you to resume participation in any class or activity if there are concerns regarding your health or fitness to train.
6 DEBT RECOVERY
If you do not pay an amount due under this Agreement on or before the date that it is due:
(a) CAPTivate Gymnastics may seek to recover the amount due by referring the matter to debt collectors; and
(b) you must reimburse CAPTivate Gymnastics for any costs it incurs, including any legal and debt collector costs, in recovering the amount due or enforcing any of its rights under this Agreement.
7 THIRD PARTY GOODS AND SERVICES
(a) If CAPTivate Gymnastics is required to acquire goods or services supplied by a third party, the Participant may be subject to the terms and conditions of that third party (‘Third Party Terms’ ).
(b) Provided that CAPTivate Gymnastics has notified the Participant of such Third Party Terms and provided the Participant with a copy of those terms, the Participant agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Participant or CAPTivate Gymnastics acquires as part of providing the goods or services and CAPTivate Gymnastics will not be liable for any loss or damage suffered by the Participant in connection with such Third Party Terms.
8 LIABILITY AND INDEMNITIES
8.1 NO RELIANCE
The Participant acknowledges that in deciding to pay for the Program and in entering into this Agreement the Participant has not relied on the skill or judgment of CAPTivate Gymnastics and that the Participant has satisfied itself as to the condition and suitability of the Facilities and/or Program and their fitness for the Participant’s purpose.
8.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 7(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Participant to CAPTivate Gymnastics in the 3 months preceding the date of the event giving rise to the relevant liability.
(b) Clause 7(a) does not apply to the Participant’s liability in respect of loss or damage sustained by CAPTivate Gymnastics arising from the Participant’s breach of clause 2 (Payment); 3 (Safety and Facility Guidelines) and 4 (Facility and Other Policies).
8.3 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by CAPTivate Gymnastics, except:
(a) in relation to the Participant’s liability in respect of loss or damage arising from the Participant breach of clauses 2, 3, 4, 5 and 10.
(b) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(c) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth ).
8.4 RISK
(a) Participating in the Program and using the Facilities involves the potential for injury and the Participant is participating in any Program or using the Facilities at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury through equipment failure, and death.
(b) The Participant acknowledges that there will be times where the Participant will be unsupervised by any CAPTivate Gymnastics Personnel and agrees to accept any risks of loss, injury, damage or death arising out of the Participant’s unsupervised use of the Facilities, unless there is reckless disregard or gross negligence on CAPTivate Gymnastics’s behalf.
(c) The Participant acknowledges that while CAPTivate Gymnastics uses its best endeavours to ensure that the Facilities and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, and/or equipment and other objects may be left in incorrect positions by other Facilities users. The Participant agrees that CAPTivate Gymnastics will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on CAPTivate Gymnastics’s behalf.
(d) The Participant will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Program or use of the Facilities.
8.5 INDEMNITY
The Participant indemnifies CAPTivate Gymnastics from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) any breach of this Agreement by the Participant;
(b) any negligent, fraudulent or criminal act or omission of the Participant or its Personnel; or
(c) an event, where circumstances giving rise to a claim, were caused or contributed to by the Participant.
9 WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth ) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
10 PRIVACY
a) You agree to be bound by our Privacy Policy.
(b) We also may use CCTV footage for the safety of all Participants in the common areas within the Facilities (not the change rooms). By accessing the Facilities, you consent to being recorded by our CCTV for security purposes.
(c) You consent to us taking images and recording video footage of you for the following purposes:
(i) promotion of the Facilities, Facilities events and advertising the associated products and services; and
(ii) publication on social media platforms or in newspapers, in trade and other media and on websites and the internet for the purposes of professional advancement, in accordance with our Privacy Policy.
(d) Please notify us if you do not wish footage or images of you to be taken or kept by us.
11 CANCELLATION
11.1 By CAPTivate Gymnastics
CAPTivate Gymnastics reserves the right to immediately terminate this Agreement, in whole or in part, by providing written notice to the participant if:
(a) The Participant is in breach of any term of this Agreement, including, but not limited to, failure to comply with the facility rules, safety guidelines, or payment obligations.
(b) CAPTivate Gymnastics has reasonable grounds to believe that the Participant’s behaviour, whether on or off the premises, is detrimental to the safety, integrity, or reputation of CAPTivate Gymnastics or the program.
11.2 BY PARTICIPANTS
(a) All withdrawal requests must be submitted in writing via email to captivategymnasticsaustralia@gmail.com. Withdrawal requests made verbally, via social media platforms (including but not limited to Facebook and Instagram), or via text message will not be accepted.
(b) A Participant who provides written notice of withdrawal at least seven (7) days before the first scheduled class of the term will be eligible for a full refund, minus a $20 administration fee (the "Notice" ).
(c) The first two (2) weeks of the term constitute a Trial Period. During this period, a participant may withdraw and receive a pro-rata refund for the remaining portion of the term. The pro-rata refund is calculated based on the number of classes remaining after the withdrawal. All withdrawals are subject to a $20 administrative fee.
(d) After the completion of the Participant’s second session (or date noted in the Registration Form), the Trial Period will be deemed concluded, and no refunds will be issued for any withdrawals thereafter. No refund or credit will be granted for any classes missed after the Trial Period.
(e) No discounts, refunds, or credits will be provided for missed classes, regardless of the reason for absence. Participants are encouraged to attend all classes as scheduled to receive the full benefit of the program.
(f) Registrations are non-transferable. Any makeup classes granted, where applicable, must be used within the current term and cannot be carried over to a subsequent term.
11.3 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
12 COMPLAINTS & DISPUTES
12.1 COMPLAINTS HANDLING
(a) CAPTivate Gymnastics is committed to providing a high standard of service to its Participants. If you have any concerns or complaints about our facilities, services, or your Membership, you may submit a complaint in writing to our management team via email or at our reception desk. We will acknowledge your complaint within 5 business days and aim to resolve it as quickly as possible.
(b) If we are unable to resolve your complaint immediately, we will investigate the issue and provide you with a response within a further 5 business days.
(c) If you are not satisfied with the outcome, you may escalate your complaint to NSW Fair Trading or another relevant authority.
12.2 DISPUTES
(a) A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
13 NOTICES
(a) A notice or other communication to a party under this Agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address ). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.
14 GENERAL
14.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
14.2 AMENDMENTS
This agreement may only be amended in accordance with a written agreement between the parties.
14.3 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
14.4 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
14.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
14.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
14.7 COUNTERPARTS
This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
14.8 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
14.9 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
14.10 INTERPRETATION
(a) (singular and plural ) words in the singular includes the plural (and vice versa);
(b) (gender ) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person ) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party ) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document ) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings ) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes ) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation ) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency ) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
15 DEFINITIONS
In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following terms/meanings:
Program: means the Program listed in the Registration Form to be provided to the Participant by CAPTivate Gymnastics, including access to the Facilities and any Classes, and other inclusions offered by CAPTivate Gymnastics from time to time.
Term: the date stated on your Registration Form.
Fees: has the meaning set out in the Registration Form.
Facilities: means the host clubs, host gyms, gym(s) or other venues specified in your Registration Form.
Laws: mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Program are performed or received and includes any industry codes of conduct.
Participant, you, your: has the meaning set out in the Registration Form and includes the parent or guardian of the Participant if the Participant is under 18 years of age.
Registration Form: refers to the form that must be completed by the Participant to register for the Program. This form may vary depending on the Term or type of session (including, but not limited to, regular term-based programs, special sessions such as “Come and Try” days, or other one-off events). The Registration Form will include, but is not limited to, the participant’s personal details, emergency contact information, and confirmation of agreement to the applicable Terms and Conditions, Waiver, and Privacy Policy. The Registration Form may be updated periodically and will be made available via the CAPTivate Gymnastics website or other communication channels designated by CAPTivate Gymnastics.
Membership Plan: has the meaning set out in the Registration Form
Personnel: means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents.
Third Party Terms: has the meaning set out in clause 7.
Waiver: means the Waiver to be completed by the Participant (and any guests) prior to using the Facilities or participating in any Program.
16 INTERPRETATION
In this Agreement, the following rules of interpretation apply:
(a) (singular and plural ) words in the singular includes the plural (and vice versa);
(b) (gender ) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person ) a reference to “person ” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party ) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this Agreement ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document ) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (currency ) a reference to “$ ” or “dollar ” is to Australian currency;
(i) (headings ) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes ) the word “includes
(k) (adverse interpretation ) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
By signing below, I confirm that I have read, understood, and agree to the Terms and Conditions and Privacy Policy of CAPTivate Gymnastics.
August 29, 2025
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