Come train with Snake

Snake Athletic Membership Terms

Snake Athletic Pty Ltd, Tamworth NSW

Version 1.0 · Effective from the date the Member (or their parent or guardian) accepts these terms

These terms explain how your membership, payments, bookings, pauses and cancellations work. They sit alongside our Participation Agreement and Waiver and our Privacy Policy. "We", "us" and "Snake Athletic" mean Snake Athletic Pty Ltd. "You" means the member, and where the member is under 18, their parent or guardian as well.

1. Your membership

1.1 Your membership gives you access to the classes and services included in the membership you choose, as described when you join (for example, Snake Unlimited gives you access to all scheduled Snake Athletic gym classes).

1.2 Your membership is personal to you. You can't share it, lend it or transfer it to anyone else.

1.3 There is no minimum term or lock-in contract. Your membership continues until you or we end it under these terms.

1.4 We may change the class timetable, coaches, class types and class sizes from time to time. We will try to keep the timetable stable and tell you about significant changes in advance.

2. Joining and age

2.1 You must be at least 12 years old to become a member.

2.2 If you are aged 12 to 17, a parent or legal guardian must join on your behalf, accept these terms and the Participation Agreement and Waiver for you, and be responsible for paying for your membership.

2.3 You agree to give us accurate details when you join and to keep them up to date in the app, including your mobile number and emergency contact.

3. Payments

3.1 Membership fees are charged in advance, automatically, to the card or bank account you give us, starting on the day you join and then every week or every fortnight, depending on the billing option you choose.

3.2 The price, billing frequency and any discount are shown to you before you pay. All prices include GST.

3.3 Payments are processed by our payment provider, Stripe. We never see or store your full card or bank account details.

3.4 You authorise us (through Stripe) to take each payment when it is due until your membership ends. You can update your card or bank account at any time in the app.

3.5 Discounts. Some memberships have a discount (for example, couples, students or seniors). Discounts are only for people who meet the conditions we set out when the discount is offered, and we may ask for reasonable proof. If you stop being eligible, or a discount was only for a set period, we will give you at least 14 days' notice before your price returns to the standard price.

3.6 Price changes. We may change membership prices. We will give you at least 30 days' notice before a new price applies to your membership. If you don't want to continue at the new price, you can cancel under clause 6.

4. Failed payments

4.1 If a payment fails, we will let you know and try the payment again automatically. Please update your payment details in the app as soon as possible.

4.2 If two payments are missed, your membership is frozen. While it is frozen you can't book classes, and any upcoming bookings are cancelled. We don't charge further membership fees while your membership is frozen.

4.3 Your membership is unfrozen as soon as the overdue amount is paid.

4.4 Amounts that were due before your membership was frozen, paused or cancelled remain payable. Owing money never stops you from cancelling.

4.5 We don't charge a fee for failed payments.

5. Pausing your membership

5.1 You can pause your membership in the app for whole weeks, up to a total of 4 weeks in any 12-month period.

5.2 A pause must be requested at least 3 days before it starts. Pauses start on your next billing date, so that you are never charged for a week you don't get.

5.3 You aren't charged while your membership is paused, and you can't book classes during a pause. Any bookings during the pause are cancelled.

5.4 Your membership restarts automatically at the end of the pause, and payments resume. You can cancel a pause that hasn't started, or end a pause early, in the app.

5.5 We may agree to a longer pause, or a pause at short notice, in special circumstances such as injury, illness or pregnancy. Please talk to us.

6. Cancelling your membership

6.1 You can cancel at any time in the app, with 14 days' notice. Your last day is 14 days after the day you cancel.

6.2 You can keep training until your last day. Payments that fall due before your last day are charged as normal. Nothing is charged after your last day.

6.3 You can change your mind and withdraw your cancellation in the app at any time before your last day.

6.4 If your membership is paused when you cancel, any part of the pause after your last day is removed.

7. Refunds

7.1 Membership fees and class pack purchases are not refundable if you simply change your mind or don't use your membership or credits, except where these terms say otherwise.

7.2 Nothing in these terms limits any right you have under the Australian Consumer Law. If we can't provide the services you have paid for (for example, if we close for an extended period), we will offer you a pause, a credit or a refund for the part we couldn't provide.

8. Booking classes

8.1 Classes must be booked in the app. You can book up to 7 days ahead. Each class has a limited number of spots.

8.2 If a class is full you can join the waitlist. If a spot opens up more than 2 hours before the class, the first person on the waitlist is booked in automatically and we let them know. Closer to the class than that, spots are not filled automatically.

8.3 Please cancel a booking you can't make, so someone else can have the spot. Cancelling less than 2 hours before the class counts as a late cancellation. If you booked with a class credit, a late cancellation or a no-show uses up that credit.

8.4 If we cancel a class, we will let you know as soon as we can and any class credit you used is returned.

8.5 If you regularly book and don't attend, we may limit how far ahead you can book.

9. Class packs, drop-ins and trial classes

9.1 Class packs and drop-in or trial classes give you a set number of class credits. One credit is used for each class you book.

9.2 Credits must be used by the expiry date shown when you buy them. Unused credits expire and are not refundable, except as required by law.

9.3 Credits are personal to the person who bought them and can't be transferred.

10. Your conduct and our rules

10.1 You agree to follow our gym rules, coaches' safety instructions and reasonable directions from our staff, and to treat other members and staff with respect.

10.2 We may suspend or end a membership if a member seriously or repeatedly breaks these terms or our gym rules, behaves in a threatening, abusive or unsafe way, or doesn't pay amounts owing. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem. If we end your membership for a reason that isn't your fault, we will refund any fees you have paid for the period after it ends.

11. Messages we send you

11.1 We will send you messages about your membership, payments and bookings, such as receipts, payment reminders, booking confirmations and class changes. These are part of the service.

11.2 We only send you news and announcements if you have agreed to receive them. You can change what you receive, or unsubscribe, at any time in the app or using the link in any news email or text. We may still contact you about urgent matters that affect your training, such as the gym being closed.

12. Your information

12.1 We collect and handle your personal information as described in our Privacy Policy, including for account administration, bookings, payments, safety and running the gym.

13. Changes to these terms

13.1 We may update these terms from time to time. We will give you at least 30 days' notice of any change that is likely to disadvantage you, and ask you to accept the new version in the app. If you don't agree to the change, you can cancel your membership under clause 6 before it takes effect.

13.2 You can always see the exact version of these terms you accepted in the app, under Account, then Your agreements.

14. Contact and complaints

14.1 If you have a question or a complaint, please talk to us at the gym or contact us through the app or our website. We will try to resolve any issue quickly and fairly.

14.2 These terms are governed by the laws of New South Wales. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.

Membership Participation Agreement, Acknowledgement of Risk and Liability Waiver

Snake Athletic Pty Ltd

Version 1.0 · Effective from the date the Member (or their parent or guardian) signs this Agreement

1. Parties and Application

1.1 This Membership Participation Agreement, Acknowledgement of Risk and Liability Waiver (“Agreement”) is entered into between Snake Athletic Pty Ltd (“Company”) and the individual identified in the electronic membership registration (“Member”).

1.2 For the purposes of this Agreement, the Company includes, where applicable, its related bodies corporate, directors, officers, employees, contractors, coaches, agents and authorised representatives, to the extent that they are involved in supplying the relevant services and are lawfully entitled to the benefit of this Agreement.

1.3 This Agreement applies to all recreational activities, facilities, equipment, training programs and services supplied by the Company to the Member, including but not limited to:

• (a) Functional fitness and CrossFit-style training;
• (b) Strength and conditioning;
• (c) Olympic weightlifting, powerlifting and gymnastics;
• (d) Cardiovascular and endurance training;
• (e) Personal training and group fitness;
• (f) Open-gym access and unsupervised exercise;
• (g) Boxing, Brazilian jiu-jitsu, wrestling and other combat sports, where offered;
• (h) Competitions, workshops, training camps and other recreational activities organised by the Company.

1.4 By electronically executing this Agreement, the Member acknowledges that they have read and understood its contents and voluntarily agree to be bound by its terms.

1.5 Where the Member is under 18 years of age, this Agreement is accepted on the Member's behalf by the Member's parent or legal guardian. The parent or guardian confirms that they have authority to do so, have read and understood this Agreement, consent to the Member's participation on these terms, and make the acknowledgements in this Agreement on the Member's behalf and on their own behalf. References to the Member's acknowledgements, declarations and electronic signature include the parent or guardian where the context requires.

2. Acknowledgement of Inherent Risks

2.1 The Member acknowledges that participation in physical exercise, sporting activities and recreational services involves inherent, foreseeable and unforeseeable risks.

2.2 Such risks include, without limitation, muscular injuries, ligament and tendon injuries, fractures, dislocations, spinal injuries, head trauma, concussion, cardiovascular complications, respiratory distress, loss of consciousness, aggravation of pre-existing conditions, permanent disability and death.

2.3 The Member acknowledges that injuries may arise from equipment use, lifting, repetitive movements, falls, collisions, physical contact with other participants, environmental conditions and the physical demands of training.

2.4 Where the Member participates in combat sports, the Member additionally acknowledges the risks associated with striking, grappling, joint manipulation, strangulation techniques, takedowns and physical contact.

2.5 The Member acknowledges that these risks may exist notwithstanding the provision of coaching, supervision, safety procedures or appropriately maintained equipment.

2.6 The Member voluntarily accepts the inherent risks associated with their chosen activities.

3. Medical Fitness and Responsibilities

3.1 The Member declares that, to the best of their knowledge, they are physically and medically capable of participating in their chosen activities, subject to any medical restrictions disclosed to the Company.

3.2 The Member agrees to disclose relevant medical conditions, injuries, disabilities and physical limitations where reasonably necessary for safe participation.

3.3 The Member acknowledges that the Company and its coaches do not provide medical diagnosis or treatment unless expressly qualified and authorised to do so.

3.4 The Member accepts responsibility for exercising within their physical capabilities and obtaining appropriate medical advice where necessary.

3.5 The Member agrees to immediately discontinue exercise and notify an appropriate staff member upon experiencing symptoms indicating possible injury or illness.

3.6 The Company reserves the right to reasonably restrict participation where necessary to protect the health and safety of the Member or another person.

4. Assumption of Risk

4.1 The Member voluntarily assumes the inherent risks associated with participation in recreational activities supplied by the Company.

4.2 The Member acknowledges that participation may result in serious injury, permanent disability or death.

4.3 The Member agrees to comply with reasonable safety directions, use equipment appropriately and select training loads and intensities consistent with their capabilities.

4.4 The Member acknowledges that no representation or warranty has been made that participation in the Company’s activities is entirely free from risk.

4.5 Nothing in this clause excludes or restricts any right or remedy that cannot lawfully be excluded or restricted.

5. Exclusion and Limitation of Liability

5.1 To the fullest extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), the Member agrees that the Company excludes, restricts or modifies the application of applicable consumer guarantees and any associated rights or liabilities in connection with the supply of recreational services, insofar as the exclusion, restriction or modification relates to death, personal injury, illness or other harm specified in that section.

5.2 Pursuant to section 5N of the Civil Liability Act 2002 (NSW), the parties agree, to the extent permitted by that section, to exclude, restrict or modify liability arising from a breach of an express or implied warranty that recreational services will be rendered with reasonable care and skill.

5.3 The Member acknowledges that they participate in the relevant recreational activities at their own risk, subject to applicable law.

5.4 The exclusions and limitations in this Agreement apply only to the extent permitted by applicable legislation.

5.5 Nothing in this Agreement excludes liability for significant personal injury caused by reckless conduct within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), or any other liability that cannot lawfully be excluded.

5.6 Nothing in this Agreement purports to exclude liability arising from a contravention of legislation establishing specific practices or procedures for personal safety where such exclusion is prohibited by law.

6. Emergency Medical Assistance

6.1 In the event of injury, illness or another medical emergency, the Member authorises the Company to contact emergency services and arrange reasonably necessary assistance where the Member cannot provide instructions or urgent intervention is reasonably required.

6.2 The Member authorises the Company to disclose relevant medical and emergency-contact information to emergency personnel where reasonably necessary and permitted by law.

6.3 The Member acknowledges that ambulance transportation, hospital treatment and other external medical services may incur costs for which the Member may be personally responsible, subject to applicable law.

7. Facility Rules and Member Conduct

7.1 The Member agrees to comply with all reasonable facility rules, safety procedures, equipment instructions and lawful directions issued by authorised Company personnel.

7.2 The Member must not intentionally damage equipment, engage in threatening or abusive conduct, or act in a manner creating an unreasonable risk of harm to themselves or another person.

7.3 The Member must not participate in activities while materially impaired by alcohol, illicit substances or any other condition that makes participation unsafe.

7.4 The Company may reasonably suspend or restrict facility access where necessary to protect the health and safety of members, employees or visitors.

7.5 Any membership suspension or termination shall be administered in accordance with the applicable membership agreement and Australian Consumer Law.

8. Personal Property

8.1 The Member is responsible for taking reasonable precautions to safeguard their personal property while attending the Company’s premises.

8.2 The Company does not accept responsibility for loss of or damage to personal property except to the extent that liability cannot lawfully be excluded.

9. Privacy and Personal Information

9.1 The Company may collect, store and process personal information reasonably necessary for account administration, membership management, facility access, bookings, billing, safety and the provision of services.

9.2 Personal information may be processed by authorised third-party technology and payment providers engaged by the Company, subject to applicable privacy laws and contractual safeguards.

9.3 Where applicable, the Company will handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and its published Privacy Policy.

9.4 The collection and use of sensitive health information, where consent is legally required, shall be subject to a separate, informed consent process.

9.5 Consent to receive promotional communications or permit the use of identifiable photographs or videos for marketing purposes shall be sought separately and shall not be a condition of accepting this Agreement.

10. Electronic Execution

10.1 The Member agrees that this Agreement may be executed electronically through the Company’s mobile application or another authorised electronic platform.

10.2 By applying their electronic signature and selecting the designated acceptance control, the Member confirms that they:

• (a) Have been provided with the complete Agreement;
• (b) Have had a reasonable opportunity to read and understand its provisions;
• (c) Understand the inherent risks associated with their chosen activities, including serious injury and death;
• (d) Acknowledge the exclusions and limitations of liability expressly identified in this Agreement;
• (e) Voluntarily agree to be bound by its terms.

10.3 The Company may retain an electronic record of acceptance, including the applicable document version, date and time of acceptance, account identifier and electronic signature, in accordance with applicable privacy and recordkeeping requirements.

10.4 A copy of the executed Agreement shall be made available to the Member electronically.

11. Governing Law and Severability

11.1 This Agreement is governed by the laws of New South Wales and applicable Commonwealth laws of Australia.

11.2 Subject to any applicable statutory rights, the parties submit to the jurisdiction of the courts of New South Wales.

11.3 If any provision of this Agreement is held to be invalid, unlawful or unenforceable, that provision shall be severed to the extent necessary without affecting the remaining provisions, provided the essential nature of this Agreement is preserved.

11.4 No provision of this Agreement limits any right or remedy that cannot lawfully be excluded, restricted or modified.

12. Member Acknowledgement and Execution

By signing below, I acknowledge and declare that:

• (a) I have read and understood this Agreement in its entirety.
• (b) I understand that participation in physical exercise and recreational activities involves inherent risks, including serious personal injury, permanent disability and death.
• (c) I voluntarily elect to participate in the activities supplied by Snake Athletic Pty Ltd.
• (d) I acknowledge and agree to the exclusions and limitations of liability contained in this Agreement, to the extent permitted by law.
• (e) I agree to comply with all reasonable facility rules, safety instructions and lawful directions issued by authorised Company personnel.
• (f) I understand that my electronic signature constitutes my acceptance of this Agreement.