Membership Agreement for Recurring Payments

This Membership Agreement (“Agreement”) is made and entered into by and between The Motion Academy (“Company”) and the customer (“Member”), effective as of the date of the Member’s enrolment in the membership program. This Agreement outlines the terms and conditions governing the Member’s participation in the Basic, Flexi, or All Access Packages and the recurring payment arrangement.

1. Package Levels and Benefits

   1.1 The package levels available are Basic, Flexi, and All Access.

   1.2 Each package level entitles the Member to specific benefits and privileges as outlined on The Motion Academy’s website.

   1.3 Package benefits and entitlements can not be extended to friends or other family members. Each student will only be entitled to the benefits listed under the package attached to their own enrolment.

   1.4 Package discounts cannot be used in conjunction with any other offer or promotion.

   1.5 The Company reserves the right to modify the benefits and privileges associated with each package level at any time.

   1.6 Membership levels may be upgraded or downgraded once per school term. Any promotional discounts will be kept for the lifetime of your membership and will be preserved when upgrading or downgrading. However, discounts will be lost if the membership is cancelled.

   1.7 Any schedule changes requested outside of your package allowance will incur a $15 administration fee per change, per child. This fee will be charged to your stored payment method during your next scheduled membership payment.

2. Package Fees

   2.1 The Member agrees to pay the recurring package fee in the amount specified at the time of enrolment for their selected package level.

   2.2 The package fee is due every four (4) weeks and will be automatically charged to the Member’s designated payment method.

   2.3 The Company reserves the right to increase package fees at any time. In such an event, the Company will provide written notice at least four (4) weeks in advance. If the Member does not wish to continue their package at the new rates, they have the right to cancel their membership prior to the payment being deducted.

3. Recurring Payment Authorization

   3.1 The Member authorizes the Company to automatically charge the package fee to the Member’s designated payment method every four (4) weeks.

   3.2 By nominating a credit or debit account, the Member authorizes the Company to deduct from that account all fees and other charges the Member is responsible for under this Agreement. The Member must keep their account details up to date.

   3.3 The Member authorises the Company’s biller to deduct any unpaid arrears outstanding on the Member’s account. The Member’s bank or credit provider may also charge a fee for overdrawing the account if there is not enough money when payment is due. The Company will not be responsible for any charges incurred due to declined or rejected payments.

4. Cancellation and Termination

   4.1 The Member may cancel their package from the end of their current 4 week block at any time by providing written notice to the Company at least seven (7) days before the next scheduled payment date.

   4.2 All cancellation requests must be made in writing to members@themotionacademy.com.

   4.3 Upon cancellation, the Member will continue to have access to the package benefits until the end of the current billing cycle. No refunds will be issued for any remaining period.

   4.4 No refunds will be given where packages are not cancelled without the required notice.

   4.5 The Company reserves the right to terminate the Member’s package for any reason, including but not limited to non-payment or violation of the terms of this Agreement.

   4.6 The Company does not monitor attendance or usage of package benefits. Packages will not be cancelled due to non-attendance. It is entirely the responsibility of the Member to cancel their package.

   4.7 Packages can be paused during school holidays for a total of twelve (12) weeks per year. 2 of the 12 weeks are permitted to be used in weeks that fall during term time weeks. All Pauses must be in full-week intervals, with a minimum pause time of 7 days. During these periods, payments will be paused, which will change the Member’s future payment schedule.

   4.8 Deposits and initial payments are non-refundable upon cancellation.

5. Failed Payments

   5.1 If a payment fails, the payment will automatically be retried every 48 hours until the payment clears. A fee of $2 per declined attempt will be charged.

   5.2 Late or rejected direct debit payments will incur fees. The Member must ensure there is enough money in their nominated account on the usual payment day, or the next working day if that falls on a day when banks do not process payments. If there is not enough money in the nominated account on the usual payment day, or if there is another reason the account was unable to be debited (except one within the Company’s control), the Member will be charged an Administration Fee. This will be added to the next debit amount. Prior arrears may also be included.

   5.3 If we are unable to process your payment within 10 business days from the scheduled payment date, your enrolment will be cancelled, and all benefits will be forfeited.

   5.4 The Member must resolve any payment issues promptly to avoid disruption of package benefits.

6. Changes to Package Fees

   6.1 The Company reserves the right to change the package fee at any time. The Member will be notified of any fee changes at least four (4) weeks in advance.

   6.2 If the Member does not agree to the fee change, they may cancel their package in accordance with Section 4.1.

7. Governing Law

   7.1 This Agreement shall be governed by and construed in accordance with the laws of Western Australia.

8. Entire Agreement

   8.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

9. Amendments

   9.1 The Company may amend this Agreement from time to time. The Member will be notified of any amendments at least 4 weeks in advance.

   9.2 Continued participation in the package program after the effective date of any amendments constitutes acceptance of the amended terms.

By enrolling in the Basic, Flexi, or All Access Package and providing payment information, the Member acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Membership Agreement.

1. Payment Cycle: Our academy programs, with the exception of Mini Movers, follow a 4-weekly recurring payment schedule. By enrolling in these classes, you consent to having your nominated account debited every 4 weeks. This will continue until you cancel your enrollment.

2. School Holidays: Academy classes run continuously throughout the year, including during school holidays. Payments for Academy classes will continue as scheduled during school holidays unless you elect to pause your enrollment. During Western Australia (WA) school holidays, regular class schedules will be suspended, and all members will be required to schedule school holiday flexi sessions through the parent portal.

   Should you be unable to attend classes during the school holiday period, you may request a membership pause, provided a minimum of seven (7) days’ written notice is given prior to the intended pause date. Membership pauses cannot be backdated under any circumstances. We are not able to issue refunds or credits for any missed classes, including school holiday member sessions.

3. Spectator Policy: Under no circumstances are parents, carers, or spectators permitted to enter the training area or gym floor while classes are in session. Designated waiting areas are provided for your convenience.

4. Booking and Refund Policy: Ensure that you are certain of your booking before proceeding. We do not offer refunds for non-attendance or change of mind. If an enrollment needs to be canceled due to unexpected injury or illness, we may offer an account credit for unused classes, subject to assessment on a case-by-case basis and requiring a medical certificate.

5. Right to Cancel: The Motion Academy reserves the right to cancel any enrollment and/or membership at any time without providing a reason. In such cases, a refund will be issued for any unused classes.

6. Initial Payment: Payment for your first 4 weeks must be made in full at the time of booking. We cannot hold or reserve spaces without payment. This initial payment serves as a non-refundable deposit to secure your enrollment and will be applied to your first membership payment.

7. Discounts and Offers: Early bird discounts cannot be used in conjunction with any other offer or credit. Refunds or credits will not be issued for online purchases made without using applicable discount codes.

8. Booking Changes: Changes to bookings outside your package inclusions will incur a $15 administration fee per change, per child.

9. Refund Administration Fee: Any refunds issued will incur a 20% administration/transaction fee to cover costs.

10. Code of Conduct: All students attending our classes must adhere to our student code of conduct. Students breaching the code will be removed from The Motion Academy programs. Adults accompanying children are expected to behave politely and respectfully at all times. Any rude or threatening behavior will result in a lifetime ban from all TMA facilities, with no refunds or credits provided for unused classes.

11. Agreement: These terms apply to all purchases and bookings. By proceeding with a booking, you agree to these terms and the other terms that form the entire agreement.

For information on how to cancel your membership or booking, please refer to the Membership/Package terms.

1. Parent Participation: Mini Movers is a parent participation class, requiring an adult to be present with their child at all times. Enrolling multiple children with one parent present is acceptable. Younger siblings are welcome but must remain in a pram or carrier during the class. Older siblings may enter the training area but must not interact with any equipment.

2. Booking and Refund Policy: Please ensure you are certain of your booking before proceeding. We do not offer refunds for non-attendance or change of mind. If an enrollment needs to be canceled due to unexpected injury or illness, an account credit for future programs may be offered, subject to the provision of a medical certificate.

3. Right to Cancel: The Motion Academy reserves the right to cancel any enrollment at any time without providing a reason. In such cases, a refund will be issued for any remaining classes.

4. Payment Requirement: Full payment is required at the time of booking. We cannot hold or reserve spaces without payment.

5. Discounts and Offers: Early bird discounts cannot be used in conjunction with any other offer or credit. Mini Movers term prices are discounted rates for full-term enrollments only, and include a student registration fee of $29. Late or partial enrollments will be charged at $25 per class plus a $29 registration fee. Cancelled enrollments will be calculated using this rate.

6. Online Purchases: Refunds or credits will not be issued for online purchases made without applying the appropriate discount codes.

7. Refund Administration Fee: Any refunds issued will incur a 20% administration/transaction fee to cover costs.

8. Code of Conduct: All students must adhere to our student code of conduct. Breaches of the code will result in removal from The Motion Academy programs. Adults accompanying children are expected to behave politely and respectfully at all times. Rude or threatening behavior will result in a lifetime ban from all TMA facilities, with no refunds or credits provided for unused classes.

9. Agreement: These terms apply to all purchases and bookings. By proceeding with a booking, you agree to these terms.

10. Cancellation Options for Mini Movers Program:

• Cancelling Prior to Term Start Date: You may receive an account credit for future terms or transfer your booking to a friend or family member. Refunds are not available.

• Cancelling After Term Begins, But Before Second Week: You may transfer your child’s enrollment to a friend or family member. It is your responsibility to arrange the transfer, which must be finalized before the end of the second week of term. No refunds or account credits will be issued.

• Cancelling After the Second Week of Term: Cancellations or transfers are not available after the second week of term due to the closure of term registrations. No refunds or credits will be issued.

The Motion Academy Payment Terms for holiday camp bookings

1. Group Booking Policy: If you are making a group booking on behalf of another company (e.g., holiday care, respite care), please contact us prior to booking. Failure to do so may result in the cancellation of your booking on the day, and you will forfeit any fees paid. Tickets purchased are non-refundable, non-creditable, and cannot be reissued.

2. Age-Appropriate Booking Requirement:
   It is the responsibility of parents / guardian to ensure they are booking their children into age-appropriate sessions, as defined on our website. If a child is not the correct age for the session they are booked into, they may be refused entry on the day. In such cases, parents can transfer the ticket to a friend or family member of the appropriate age to take the child’s spot in that session. However, refunds or credits will not be issued under any circumstances.

3. External Staff/Carer Policy: External staff, carers, or parents are not permitted to enter the training area during sessions open to the general public, with the exception of official language interpreters. If a child requires additional support within a group setting, please contact us directly to arrange a facilitated session with one of our senior staff members.

4. Ticket Sales and Validity: The tickets you purchase are valid only for the selected date(s) and time(s). All sales are final, and tickets are non-refundable and non-transferable to other dates or times. Limited tickets are available for each session. Sessions may be rescheduled online through your parent portal, but rescheduling is not permitted less than 24 hours before the session start time.

5. Attendance and Rescheduling: We do not offer refunds, credits, or reschedules for non-attendance, sickness, isolation, or change of mind. All ticket sales are final as we are unable to resell your ticket to another student. Rescheduling is only possible up to 24 hours before the session start time via your online portal.

6. Ticket Protection:

   If Ticket Protection has been purchased, you may cancel or reschedule tickets up to sixty (60) minutes prior to the scheduled session start time. In order to exercise the Ticket Protection option, you must notify The Motion Academy of your non-attendance via email to kids@themotionacademy.com no later than sixty (60) minutes before the session is due to commence. Phone calls, text messages etc are not accepted as notification.

   Upon cancellation under this clause, you will receive a credit to rebook the session at a future date. No monetary refunds will be issued. Ticket Protection applies exclusively to the original booking and does not extend to any rescheduled sessions.

7. Payment Policy: Payment must be made in full at the time of booking. All payments are final, and we are unable to hold or reserve spaces without payment.

8. Footwear Requirement: All students must wear enclosed sports shoes to participate. Students without suitable footwear may not be able to join the session. Please note that parents are not permitted to enter the training area.

9. Late Arrival Policy: Participants arriving more than 15 minutes late for their scheduled start time will miss the safety orientation and may be denied entry. No refunds, credits, or rescheduling will be provided in such cases.

10. Discount Code Policy: We are unable to issue refunds or credits for online purchases where discount codes were not entered, were entered incorrectly, or were not accepted online. Please ensure that the final total is correct before processing payment, as we cannot make changes or apply credits after a transaction has been finalized.

11. Late Pickup Policy: If a student is not collected within 15 minutes of the scheduled session finish time, they will be automatically enrolled in our late pickup service, which is billed at $100 per hour, per child. This fee will be charged to your stored billing details. If a child remains at our facility more than 1 hour after the session ends and we are unable to reach their parents or emergency contact, our staff will contact the local police department to take custody of the child, relieving The Motion Academy staff of further responsibility.

12. Agreement: These terms apply to all purchases and bookings, including but not limited to in-person, phone, SMS, email, social media, and online transactions. By proceeding with a booking, you agree to these terms.

Q&A:

• Q: My child is sick and cannot attend their scheduled session. Can I reschedule?
  A: Yes, your session can be rescheduled via your online portal up to 24 hours prior to the session start time. Unfortunately, we are unable to reschedule or credit sessions once the 24-hour window has closed.

• Q: My child can no longer attend their scheduled session. Can a friend take their place?
  A: Yes, we can change the booking details so that a friend or family member can take your ticket. Please send us an email with the details of who will be attending.

1. Agreement to Terms

1.1 By purchasing a pass for, or by using any of the facilities at, any venue operated by The Motion Academy (“Academy”), the customer and all participants (“you” or “your”) agree to be bound by these terms and conditions (“Agreement”).

1.2 If you are making a purchase on behalf of another person, you agree that you are making the purchase and entering this Agreement as their agent. This applies to all programs available, including group events, private functions, and birthday parties.

2. Acknowledgment of Risk

2.1 Movement and fitness training is fun, challenging, and highly rewarding. However, you acknowledge that the activities available at the Academy may be considered dangerous recreational activities with inherent and obvious risks as defined by the Civil Liability Act 2002 (WA).

2.2 You acknowledge that participation in recreational activities at the Academy involves inherent risks and hazards, which may result in personal injury or death. You assume and accept all such risks and hereby waive the right to sue The Motion Academy, TMA Kids Pty Ltd, or any affiliated entity for any personal injury or death arising from your participation in such activities.

3. Participation and Health Declaration

3.1 You confirm that you have disclosed to the staff of the Academy any history of injury, disease, or weaknesses that could limit or affect your ability or the ability of any participant under your care to engage in physical activity. You agree to disclose any future changes to your physical or mental state that may affect continued participation.

3.2 You understand that participating in the activities available at the Academy involves risks that may cause various injuries, including death or serious disability.

3.3 You understand that athletic activities of any type can cause harm or injury, especially to susceptible individuals, and you acknowledge your responsibility to seek medical advice from your own healthcare provider(s) regarding whether participation in such activities is advisable for you or any person under your care.

3.4 You understand that the activities available at the Academy are physically demanding and may involve training at heights, which could cause panic, hyperventilation, or heart attack in susceptible individuals.

3.5 You acknowledge and accept the risks associated with all activities available at the Academy. By choosing to participate, or allowing children under your care to participate, you do so entirely at your/their own risk of injury or bodily harm.

4. Media Release

4.1 You understand that photos and videos may be taken of you or your children during participation in activities at the Academy. These photos and videos may be used for online marketing and promotional content.

4.2 While we strive to respect the privacy of all participants, due to the ad hoc nature of photography and videography, we cannot guarantee that any specific student will not be featured in our content.

4.3 If you prefer that images of your child not be used in any posted content, you may contact us, and we will promptly take down the content or edit out images of your child as requested.

5. Medical Authorisation and Costs

5.1 You agree to pay the cost of and authorise the Academy to take all steps it considers reasonably necessary to protect your welfare in the event of personal injury. This includes the administration of any emergency medical treatment and ambulance transportation.

6. Consent for Minors

6.1 If you are purchasing passes for children who are not your own, you confirm that you have obtained consent from the parents or legal guardians of all persons under 18 years of age to electronically sign this Agreement on their behalf.

7. Responsibility for Self-Directed Training

7.1 Self-directed training refers to any activities outside of our structured classes, including but not limited to open sessions, jams, youth club, free play sessions, or private hire. Any person engaging in self-directed training is entirely responsible for assessing the suitability of any and all equipment for their intended use. If you are unsure of the suitability of any equipment, it is your responsibility to seek advice from a Motion Academy employee, who will provide guidance. The Academy takes no responsibility for any injury or harm that may arise from improper use of equipment.

7.2 In the event that your manner of use causes damage to any equipment during self-directed training, you agree to reimburse The Motion Academy for the cost of repair or replacement of the damaged equipment.

8. Indemnity and Waiver

8.1 You hereby indemnify, release, and hold harmless The Motion Academy Pty Ltd, TMA Kids Pty Ltd, the owner of the premises of The Motion Academy, and all directors, employees, staff, and assistants of The Motion Academy or any other persons involved in your participation in activities at The Motion Academy from any suit, demand, action, or claim for compensation, whether for personal injury or damage to property, arising from your own or any child under your care’s participation in any activity at The Motion Academy.

9. Force Majeure

9.1 The Motion Academy shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, or other similar events (“Force Majeure”).

10. Ongoing Waiver

10.1 You acknowledge that this waiver is ongoing and will apply to all future participation in any activity at The Motion Academy.

10.2 You further acknowledge that this document is contractual and may be relied upon in any legal proceedings commenced by you, your heirs, associates, executors, and assigns.

11. Severability

11.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.

12. Data Protection and Privacy

12.1 The Motion Academy is committed to protecting your personal information in accordance with applicable privacy laws. Your information will only be used for purposes related to your participation and will not be shared with third parties without your consent, except as required by law.

13. Governing Law

13.1 This Agreement is governed by the laws of Western Australia. You and The Motion Academy submit to the exclusive jurisdiction of the courts of Western Australia.

14. Entire Agreement

14.1 This Agreement constitutes the entire understanding between you and The Motion Academy regarding the matters contained herein and supersedes all prior agreements, representations, or understandings.

By proceeding with your purchase or participation, you acknowledge that you have read, understood, and agreed to these terms and conditions.

Student Code of Conduct

This Student Code of Conduct outlines the expected standards of behavior for all students attending our programs.

Purpose and Philosophy

The Motion Academy is committed to providing a safe and nurturing training environment where all students can thrive. We believe that every student has the right to enjoy, participate, and learn in an atmosphere free from behavior that may compromise learning, safety, and well-being.

Expected Conduct

All students are expected to treat others with courtesy and consideration at all times, including respecting personal space and boundaries. Any conduct that poses a threat to the health, safety, or well-being of others will not be tolerated. This includes, but is not limited to, physical abuse, threatening behavior, harassment, discrimination, bullying, or any actions that endanger the safety or well-being of students or coaches.

Responsibility and Accountability

Students are responsible for ensuring their behavior does not impede the learning, safety, or well-being of others. Unacceptable behavior will result in a 5-minute timeout. During timeouts, the student will be asked to sit aside at their current station (under supervision) and refrain from participating in the activity. This timeout provides the student an opportunity to calm down and self-regulate, while allowing the coach to refocus the session for other students.

Timeout Policy

1. Repeated Minor Offenses – Disruptive Conduct
For minor offenses, students will be informed that their behavior is unacceptable. If the behavior continues, a final warning will be given, with a clear explanation that further misconduct will result in a timeout. If the behavior persists after the final warning, the student will receive a 5-minute timeout, and a mark will be recorded on their account.

Minor offenses include behaviors that disrupt staff or students, hindering the delivery of our high standard of education. These behaviors may include but are not limited to:

• Playing on equipment after being directed not to.
• Disrupting other students during coach demonstrations or explanations.
• Excessively silly behavior.
• Unsupportive behavior toward other students.

2. Major Offenses – Dangerous Conduct
Major offenses result in an immediate 5-minute timeout, with the mark recorded on the student’s account. Due to the seriousness of these offenses, no prior warning will be given. Behavior that seriously endangers the safety of others may lead to instant exclusion from the program.

Major offenses include behaviors that endanger or create the potential for danger to staff or students. These behaviors may include but are not limited to:

• Pushing or shoving other students.
• Any form of fighting, including “play fighting.”
• Reckless behavior.
• Any form of bullying, including tormenting, ridiculing, or physical bullying.
• Inappropriate language.

Three-Strike Policy

The Motion Academy operates a three-strike policy:

• First mark: The lead coach will discuss the behavior with the student, helping them understand why the timeout was necessary. The coach will also remind the student that receiving two more timeouts will result in their removal from the classes.

• Second Strike: If a second strike is received, our program coordinator or head coach will contact the student’s parents or carers to discuss the behavior. This conversation is aimed at collaborating with parents to manage the student’s behavior and prevent potential expulsion from the academy. Students in intermediate or advanced classes may be required to move into a basics class for the remainder of the term.

• Third Strike: Students who receive three strikes will be permanently excluded from all Motion Academy facilities and programs. Our program coordinator will contact the student’s parents to inform them. In this case, remaining term fees will be forfeited, and no refund or credit will be issued for unused classes.

Additional Support

If you believe your child would benefit from Parkour training but may struggle to adhere to this code of conduct in a group class environment, we may be able to offer alternative training arrangements, such as one-on-one personal training. Please contact us at kids@themotionacademy.com to discuss options.