AGREEMENT FOR USE OF OUR STUDIO
Welcome to our Studio. Our Studio is operated by CreativeCubes.Co Operations Pty Ltd (ABN 19 619 048 485) trading as Rebel Monk (we, us, our, Rebel Monk).
It is a condition of us allowing you (you) to use our Studio, that you agree to the following terms and conditions (the Agreement). If you do not agree this Agreement, you should not use our Studio.
By using our Studio, you acknowledge and agree that you accept this Agreement and understand that that you are entering into a binding agreement us.
This Agreement was last updated on 2 July 2019.
Before you start reading, here is a summary of important terms to look out for:
- All capitalised words are defined in the definitions section below.
- This Agreement may change from time to time and we will notify you in accordance with clause 1(c).
- There are rules and cancellation fees that apply to cancelling classes or activities at our Studio.
- We may restrict you from using our Studio in certain circumstances including where you breach this Agreement.
- If you have any medical or physical conditions you must seek medical advice and clearance prior to undergoing any activities at our Studio.
- You must follow our ‘Studio Rules’.
- Subject to any rights you may have as a Consumer or at law, we limit our liability to you under this Agreement in relation to your use of our Studio.
- APPLICATION OF AGREEMENT
- This Agreement applies to you, when you purchase Services from us or otherwise use our Studio.
- By purchasing Services from us or otherwise using our Studio, you agree to be legally bound by this Agreement.
- You are only permitted to purchase Services from use and use our Studio where you are 18 years or over.
- PRICING AND PAYMENT METHODS
- All prices quoted by us for Services on MindBody, our Website or otherwise include GST, unless otherwise specified.
- Our Services may be purchased via the MindBody using credit card or bank transfers (by arrangement).
- We may from time to time and in our discretion, vary the prices of the Services. We will advise you of any variation to the prices of Services by email or otherwise in writing and such variations will take effect from the date specified in such notice. We agree to provide at least 2 weeks’ notice for variations to #ufyl Monthly Membership fees.
- We do not offer refunds for ‘change of mind’ unless otherwise notified by us.
- Where Services are offered to you on a complimentary basis, the Agreement of this Agreement shall continue to apply in full to those Services, including our Studio Rules and the Absent Fee, Late Cancel Fee and Administration Fee charges.
- Where you incur a Late Cancel Fee, Absent Fee or Administration Fee under this Agreement, you agree that that we will charge you, using your credit card or bank account details stored on MindBody.
- CLASSES, PACKAGES AND MEMBERSHIPS
- Group Classes
The following terms apply to all Group Classes:
- All Group Classes must be pre-booked online via MindBody. Please book in advance to avoid missing out on a Group Class as all classes have a certain capacity.
- Our booking schedule opens up a minimum of 30 days in advance.
- Cancellations can be made up to 4 hours prior to the start of your Group Class (Cancellation Period).
- If you pre-book a Group Class and cancel after the Cancellation Period, you will not be entitled to a refund and shall be debited a Late Cancel Fee (if you booked using an Membership) or you will forfeit the class (if you booked on a casual basis or using a Class Pack).
- If you pre-book a Group Class and fail to cancel and do not check in at our Studio at least two minutes before the commencement of that booked class, you will not be entitled to a refund and shall be charged an Absent Fee (if you booked using an Membership) or you will forfeit the class (if you booked on a casual basis or using a Class Pack).
- You must be checked in and inside our Studio at least two minutes prior to each Group Class’s scheduled start time.
- We reserve the right to cancel a booking you make for a Group Class, if you breach this Agreement. You will not be entitled to a refund or replacement class, where we cancel a booking for a Group Class under this clause.
- Class Packs
The following terms apply to all Class Packs:
- Class Packs expire 3 months after the date of purchase (Validity Period). Except as otherwise provided for under the Australian Consumer Law, you will not be entitled to a partial or full refund of your Class Pack, where you did not use all classes in your Class Pack within the Validity Period.
- You are not permitted to suspend your Class Pack or transfer your Class Pack to another person.
- We reserve the right to cancel a Class Pack purchased by you, if you breach this Agreement. You will not be entitled to a refund, where we cancel a Class Pack under this clause.
- #ufyl Intro Memberships
- #ufyl Intro Memberships are only available to new customers (namely those who have not previously purchased a #ufyl Intro Membership).
- You must activate your #ufyl Intro Membership within 3 months after you purchase it by booking into your first Group Class (Validity Period). If you do not activate the #ufyl Intro Membership within the Validity Period, it will expire.
- On activation, the #ufyl Intro Membership entitles you to unlimited access to our Group Classes for one calendar month from the date of activation (including the date of activation).
- We reserve the right to cancel your #ufyl Intro Memberships, if you breach this Agreement. You will not be entitled to a refund, where we cancel your #ufyl Intro Memberships under this clause.
- You are not permitted to suspend your #ufyl Intro Membership or transfer your #ufyl Intro Membership to another person.
- Monthly Memberships
- If you purchase a Monthly Membership, the membership shall activate at the date of purchase or otherwise as arranged with Rebel Monk staff or contractors. We will then continue to charge you for yourMonthly Membership on monthly basis in advance until theMonthly Membership is cancelled in accordance with this Agreement.
- CCC One and CCC Limitless memberships are only available to current CreativeCubes.Co co-working Full Members (excluding Trial members, Day Pass members and Casual Members).
- Neon Life memberships are only available to employees of Neon Life.
- On activation, our Monthly Memberships entitle you to access our Group Classes for one calendar month from the date of purchase (including the date of activation), and thereafter on an ongoing basis on payment of the appropriate fee each month as follows:
(i) for CCC OneMemberships, access to up to one Group Class;
(ii) for #ufyl Five Memberships, access to up to five Group Classes;
(iii) for #ufyl Ten Memberships, access to up to ten Group Classes;
(iv) for #ufyl Unlimited, #ufyl Limitless,CCC Limitless and Neon Life Memberships, unlimited access to our Group classes;
- Monthly Memberships have a minimum contracted period of 3 monthsfrom the date of activationand members agree to pay a minimum of three monthly membership fee payments as they fall due.
- Unused classes do not roll over or accumulate beyond each one month period.
- Your Monthly Membership fees must be paid by direct debit and you agree that the following terms shall apply:
- You authorise us to automatically direct debit through our Payment Processor such amounts in accordance with the billing cycle set out in clause 4.4(a), or otherwise agreed in writing, from your nominated account.
- By making any direct debit payments to us under this Agreement through our Payment Provider, you acknowledge and agree that these payments are subject to the Payment Provider’s applicable Agreement, which can be viewed at:
- Payments will show on your bank or credit card statements as “Ezidebit HealthFit MB” and NOT as “Rebel Monk”.
- A dishonour fee (currently $14.80 and subject to change) will be charged to you by Ezidebit for any direct debit payments that are unable to be processed.
- An Administration Fee may be charged by us, where a direct debit payment is unable to be processed.
- We reserve the right to terminate yourMonthly Membership where you fail to respond to correspondence from us regarding any failed payment(s).
- It is your responsibility to ensure that yourMonthly Membership details are accurate and up to date, including all contact details and your nominated bank or credit card details for payments.
- You are not permitted to suspend yourMonthly Membership or transfer yourMonthly Membership to another person.
- We reserve the right to increase the fees for your #ufyl Monthly Membership in accordance with clause 2(d).
- Monthly Membership Referral Discounts
- Existing Monthly Members can receive a discountas agreed and as outlined in the referral literature (including Rebel Monk website) from their monthly payment for each person they have referredwho is currently paying for a #ufyl Monthly Membership.The #ufyl Intro Membership is not eligible for this discount.
- Referred Members must provide Referree Member details to Rebel Monkstaff or contractors on their first visit, for entry into the MindBody system. Retrospective referrals are not permitted.
- The maximum discount available is 100% and membersdo not earn money or account creditfor additional members referred.There is no cash or other alternative for this discount.
- This discount only applieswhere the Referred Memberwould otherwise pay the full membership fee (i.e. not available in addition to a separate discount agreement).
- Fair use applies and this discount is always at the complete discretion of Rebel Monk staff and contractors.
- Rebel Monk reserves the right to revoke or modify the terms of any Referral Discounts at anytime including but not limited to the discount amount the discount period at its complete discretion for any reason.
- Termination of Monthly Memberships
- If you wish to terminate yourMonthly Membership, you must notify us at least 7 days before your next monthly payment is due. If you fail to notify us within 7 days, you will be charged for the next month’sMonthly Membership and this amount will be non-refundable.
- Should you find that you are unable to continue yourMonthly Membership due to illness or injury, you must notify us in writing that you wish to terminate your Membership and your Membership will terminate at the conclusion of the current billing cycle. Your rights to terminate under this clauseare subject to you (where we request) providing us with a valid medical certificate from your doctor, verifying the illness or injury.
- CCC One Memberships are terminated if you cease your co-working membership at CreativeCubes.Co, effective immediately.
- CCC Limitless Memberships are terminated if you cease your co-working membership at CreativeCubes.Co, but you may continue to attend classes for the remainder of your current monthly period.
- Neon Life Memberships are terminated if your employment for Neon Life brands ceases, effective immediately.
- An Administration Fee may be charged by us, for all termination requests processed.
- Special Events
- We may offer from time to time a variety of specialist classes, workshops, trainings and other events at our Studio (Special Events).
- You are not permitted to transfer any booking for a Special Event to another person unless you have the prior permission of the event organiser (who may withhold their permission in their discretion).
- If you fail to attend a Special Event on time and without the prior agreement of the event organiser, you may be refused admittance and subject to clause 11.1, you will not be entitled to a refund.
- We may list additional terms and conditions that apply to your involvement in any Special Event on our Website or in email communications and you agree to comply with such terms and conditions.
- One-to-One Classes
- All One-to-One Classes must be pre-booked online via MindBody. Please book in advance to avoid missing out on a One-to-One Class as we have limited capacity to carry out these classes.
- One-to-One Classes are for one person per teacher and you should not invite any other person to accompany you unless necessary for medical or other reasons and your teacher has agreed to this at least 24 hours before your class.
- Cancellations can be made up to 24 hours prior to the start of your One-to-One Class (Cancellation Period).
- If you pre-book a One-to-One Class and cancel after the Cancellation Period, you will not be entitled to a refund and will also be debited a Late Cancel Fee.
- If you pre-book a One-to-One class and are late, your teacher will wait for ten minutes after the start time of the class for you to arrive (Wait Period). If you fail to show up during the Wait Period, the class will be cancelled with no refund of your fee. If you arrive within the Wait Period, your teacher will commence the class however your class length will finish at the original scheduled finish time.
- STUDIO RULES AND ETTIQUETTE
- Comply with our Studio rules and health and safety requirements, as amended from time to time;
- Comply with any relevant laws;
- Respect all users of our Studio (including our Representatives);
- Not act in a way that is inappropriate, offensive, illegal or otherwise in breach of this Agreement (as determined by us), either towards other persons using our Studio or otherwise in connection with the use of our Studio;
- Not use or otherwise attend the Studio or surrounding facilities when you are intoxicated;
- Use our equipment and facilities with respect and care and ask for help if you are not sure of how to use something;
- Not record or photograph our Representatives or other persons engaging in any activity at our Studio, unless you have their prior written consent;
- Ensure you are wearing suitable attire for your classes and that no shoes, mobile devices, glass water bottles or other inappropriate items are taken into our Studio itself;
- Enter and leave our Studio without making unreasonable levels of noise or disruption;
- Not attempt to enter our Studio if you are not checked in and/or the door has been closed for the Group Class;
- Not leave before the end of a Group Class, as this may disrupt other persons attending the Group Class;
- Cease participating in any Group Class, other class or Event, in the event of injury, discomfort or illness;
- Not allow third parties, who are not members, session package users or guests, to access our Studio;
- Follow our instructors’ instructions at all times;
- Maintain good hygiene standards when using our Studio; and
- Follow all other rules and policies set from time to time by us in relation to your use of our Studio.
- Lockers are provided for you at our Studio and you agree that you leave your valuables in them ‘at your own risk’. Lockers are not to be used to store personal belongings when you are not in classes. Any lockers that are left locked between classes or overnight will have all belongings removed.
- Any belongings left behind will be kept as lost property by our Studio for a maximum of 1 week, after which time they will be given to charity.
- OUR RIGHTS
You acknowledge and agree the following:
- We may remove or replace any equipment at our Studio;
- We reserve the right reserve the right to change, cancel or delete classes and other activities from our schedule at our discretion without notice and without compensation;
- We reserve the right in our absolute discretion to refuse you entry to or eject you from our Studio, including if you:
- fail to provide us with a valid and acceptable form of identification;
- are under the age of 18 years old; or
- breach a term of this Agreement.
- We reserve the right to close our Studio, or provide a reduced schedule of classes and activities during certain periods, including due to Force Majeure Events, during holiday periods, renovations and maintenance and repairs.
- If we in accordance with our rights under clause 6(d) above:
- close our Studio, and you have already booked classes during the closure period, we agree to reschedule those booked classes;
- reduce our class schedule during any period, any classes you booked during that period which are no longer available, will be credited to your account if you booked those classes with a Class Pack; and
- close our Studio for more than 4 consecutive days you may request an extension Membership or period during which you are entitled to use your Class Pass (without penalty or further charge) whereby we will not agree to unreasonably withhold our approval to extend your membership or Class Pass validity period.
- INTELLECTUAL PROPERTY
- You must not copy, reproduce, sell, distribute, license or otherwise use our Intellectual Property without our prior written consent, which may be withheld by us in our absolute discretion.
- Where you make a recording or take a photograph without permission as required by clause 4(f) (Infringing Content), you confirm that the Intellectual Property Rights in the Infringing Content shall automatically vest upon creation in Rebel Monk and shall be our exclusive property throughout the world in perpetuity or is otherwise assigned by you to us. You agree to execute any document as required by us to confirm our ownership in any Infringing Content.
- Unless you otherwise advise us in writing whereby this clause shall not apply to any Content created by us after this notice, you irrevocably consent to us making recordings and taking photographs of you at our Studio (Content) and using the Content for promotional purposes associated with Rebel Monk including online via our Website and social media pages and on printed materials.
- MEDICAL AND PHYSICAL CONDITIONS
- By participating in any activities at the Studio , you warrant that you have no medical or physical conditions that you are aware of that may affect your ability to safely participate in various classes and activities at our Studio.
- If you have any current medical or physical conditions, it is your responsibility to ensure that you have permission from your doctor or treating practitioner to safely participate in various classes and activities at our Studio.
- It is your responsibility to let us know if you have any medical or physical conditions that may affect your ability to safely participate in various classes and activities at our Studio. If your medical or physical condition changes after joining it is your responsibility to let us know.
- Our classes are not designed for women during all stages of pregnancy, however if you are pregnant, it may be possible for you to attend certain classes after the first trimesterdoctor’s written consent and if you do, you will need to take special instructions from our teachers and adapt your participation to suit.
- Our classes are not appropriate for women immediately after childbirth (minimum 6 weeks) and for your safety you must obtain your doctor’s written consent to engage with our classes after that time and if you do, you will need to take special instructions from our teachers and adapt your participation to suit.
- We reserve the right to refuse your participation in any class or service or other event if it appears to the class teacher or other staff member that your medical or physical condition would make it unsafe to do so.
- You acknowledge and agree that whilst we take all reasonable steps to ensure that the Services provided by Rebel Monk are safe, there are some significant and inherent risks for you in participating.
- As a condition of using our Studio and participating in classes and other activities at our Studio, you agree to sign the Waiver prior to participating for the first time or as otherwise requested by us.
- Australian Consumer Law
- Subject to the terms and conditions of the Waiver, you retain all rights under the Australian Consumer Law when acquiring the Services.
- Subject to the terms and conditions of the Waiver, nothing in this Agreement shall limit, restrict or exclude any consumer guarantees under the Australian Consumer Law.
- Limitation of liability
- Australian Consumer Law
Subject to clause 11.1 and to the extent permitted by law, you agree:
- We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to your use of our Studio or inability to use our Studio.
- We (and our Representatives) will not be liable and exclude all liability (whether arising under this Agreement, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our sub-contractors who may assist us to supply the Services.
- You hereby release us and Representatives from all Claims (whether arising under this Agreement, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with this Agreement orotherwise entering and using our Studio.
- If we are found to be liable to you under this Agreement or otherwise, to the extent permitted by law, then our maximum aggregate liability will not exceed the total fees paid to us in relation to your use of our Studio.
- You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss) incurred by us or our Representatives arising out of or in connection with:
- any death of, or injury to, any person and any loss to the property of any person, caused by a negligent or unlawful act or omission of you in relation to your use of our Studio; or
- any breach of this Agreement by you.
- You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss) incurred by us or our Representatives arising out of or in connection with:
- CHANGES TO AGREEMENT
- We may change the terms of this Agreement from time to time and will provide you with 2 weeks’ prior written notice by email of any changes. We will also upload changes to the Website. Your continued use of the Studio after we notify you of any changes, means that you accept those changes.
- If you do not agree with any changes made under clause 12(a), you have the following rights:
- If you have a #ufyl Monthly Membership, you may terminate the Membership under clause 3.5.
- If you are on a #ufyl Intro Membership, you may request prior to the effective date of the changes, a pro-rata refund on the unused portion of the Membership and clause 12(c) shall apply.
- If you are on a Class Pack, you may request prior to the effective date of the changes, a pro-rata refund on the unused portion of the classes and clause 12(c) shall apply.
- If you have a booked a One-to-One Class or Special Event, you may request prior to the effective date of the changes, a refund and we agree to pay that refund.
- Where you request a refund under clause 12(b)(ii) or clause 12(b)(iii), we agree to pay that refund, such refund amount to be determined by us in good faith based on the extent of your use up to the date of termination of that Membership or Class Pack.
- Unless otherwise stated in this Agreement, a notice, approval or other communication provided in connection with this Agreement must be in writing (Notice).
- A Notice may be given by hand delivery, express post or by email.
- A Notice may be deemed sent by express post, 2 business days after it was sent and by email, on the date and time that the email was ‘sent’ by the sender (as recorded in the sent email) provided that the sender does not receive an out of office response or an error message that the email was not sent, and if ‘sent’ after 6 pm AEST then the next calendar day.
- Entire agreement
This Agreement is the entire agreement between the parties and supersedes all prior discussions, understanding and agreements in relation to the subject matter of this Agreement.
We may assign, transfer or otherwise deal with any right or obligation under this Agreement for the purpose of restructuring, merger with another entity or a sale of business.
If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of this Agreement.
Termination in whole or in part of this Agreement does not affect those provisions and those obligations of a party which by their very nature survive termination.
- Governing law and jurisdiction
- This Agreement are governed by the laws in force in Victoria, Australia.
- The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
In this Agreement,the following definitions apply:
#ufyl Intro Memberships means the membership found at https://rebelmonk.co/class-pricing/.
#ufyl Monthly Memberships means the membership found at https://rebelmonk.co/class-pricing/.
Absent Fee means AUD$20.00.
Administration Fee means AUD$25.00.
Agreement means these terms and conditions.
Australian Consumer Lawmeans Schedule 2 of the Competition and Consumer Act 2010(Cth).
Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
Class Pack means the class packages found at https://rebelmonk.co/class-pricing/.
Consequential Lossmeans special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business, but specifically excludes legal and other professional costs of the parties.
Force Majeure Eventmeans anything outside the reasonable control of a party to this Agreement including without limitation an act of god, civil riots, war, strike, power outage or the acts of a computer hacker.
Group Classes means any group yoga classes found at https://rebelmonk.co/studios-schedules/.
GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999(Cth).
Intellectual Property means copyright and related rights, industrial property, (such as inventions, discoveries, patents, industrial designs, trade marks, commercial and business names, semi-conductor and circuit layouts) and all other rights resulting from intellectual activities in the industrial, scientific, literary or artistic fields.
Late Cancel Fee means $15.00.
Membership means jointly and severally any #ufyl Intro Offer, or #ufyl Monthly Membership or CCC or Neon Life Membership.
MindBody means our booking platform and booking system (www.mindbodyonline.com).
Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
Payment Processor means Ezidebit.
Representative means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor or sub-contractor of ours.
Services means any fitness, education and entertainment services, including yoga classes, events, packages, memberships, and any incidental services to those services.
Studio currently means the Rebel Monk studio found at 10 Oxley Road, Hawthorn VIC 3122.
Studio Account means an account at our Studio which allows you to purchase Services, attend classes and otherwise access and use our Studio.
Waiver means the waiver of liability form which you must sign (in writing or electronically) before using our Studio for the first time or at another time as otherwise requested by us.
Website means https://rebelmonk.co.
In this Agreement:
- words such as including or for example do not limit the meaning of the words preceding them;
- if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- a reference to a document or instrument, including this Deed, includes all of its clauses, paragraphs, recitals, parts, schedules and annexures;
- a party includes the party’s successors and permitted transferees and assigns and if a party is an individual, includes executors and personal legal representatives;
- an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally; and
- no provision of this Deed will be construed to the disadvantage of a party merely because that party was responsible for preparing this Deed or including the provision in this Deed.