Booking & payment terms
Fair and Equal Treatment
The terms and conditions laid out below are the conditions in which the company operate according to. These terms apply to all customers and users of our services. Please take the time to read these terms thoroughly prior to making a purchase or booking.
The Motion Academy is committed to fair and equal treatment of all, regardless of gender, race, religion or any other factor. As such, no exceptions will be made to company policies or standard terms and conditions for any individual under any circumstances.
All employees of The Motion Academy are required to uphold this policy. We kindly ask that you do not put them in a difficult position by requesting exceptions.
To avoid any later disappointment or conflict, if you do not agree with any of the following terms, we kindly ask that you refrain from proceeding with a booking at any Motion Academy venue. Thank you for your understanding.
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.
As with most subscription or membership-based services, fees are charged based on the services made available to the customer, not on individual usage. The company does not monitor individual usage or attendance. Our staffing and class capacities are determined by the number of active memberships at any given time.
If the customer holds an active membership, or multiple memberships the company will ensure that services are made available. It is the customer’s responsibility to utilise the available services or to pause or cancel their membership if they are unable to attend. The company is unable to provide refunds or credits for services that were available but not used.
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 cannot 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 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.
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.
Recurring Payment Authorisation
3.1 The Member authorises 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 authorises 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 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.
Cancellation and Termination
4.1 The Member may cancel their package from the end of their current 4-week block at any time by completing the membership cancellation request form at least seven (7) days before the next scheduled payment date. Cancellation requests and pause requests can only be actioned within the current billing cycle. We are not able to future-date requests beyond your next scheduled payment.
4.2 All cancellation requests must be submitted at least seven (7) days before your next scheduled payment. Requests made via email, text message, or social media will not be considered official. If submitted less than seven (7) days before the payment, the payment will still be processed, and the cancellation will take effect at the end of the following 4-week period.
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 non-payment or violation of this Agreement.
4.6 The Company does not monitor attendance or usage of package benefits. It is the Member’s responsibility to cancel their package if it is no longer required.
4.7 All memberships have the option to be paused during school holidays. Please refer to the School Holiday Workshop Policy in Section 5.
4.8 Deposits and initial payments are non-refundable upon cancellation.
School Holiday Workshop Policy
5.1 During WA school holiday periods, members are entitled to one workshop per week for each week their membership is active. For example, a two-week holiday period entitles members to two workshop credits. If a membership is paused, the number of credits will be reduced by the corresponding number of paused weeks.
5.2 Workshop credits can be scheduled flexibly throughout the holiday period. Members may use their credits as one session per week, both sessions in the same week, or even both sessions on the same day.
5.3 The Motion Academy guarantees sufficient availability and staffing to accommodate all active members during each holiday period. However, it is the parent’s responsibility to schedule workshops with adequate notice to ensure their credits are utilised. Members booking late in the holiday period may find that there are no longer enough spaces to use all their credits. Refunds will not be provided for unused sessions.
5.4 Holiday workshop credits do not carry over to future holiday periods. All member accounts are reset to zero at the end of each holiday period.
5.5 Additional workshops can be purchased for $25 per session. Fees for extra sessions will be calculated and debited with the next scheduled membership payment following the holiday period.
5.6 All memberships include the option to be paused during school holiday weeks, up to a maximum of 12 weeks within a 12-month period. Membership pauses are entirely self-managed through your membership portal and are the sole responsibility of the customer. All pauses must be processed via your membership portal; requests submitted via any other means, including email, phone, SMS, or in person, will not be actioned. Pause requests must be submitted no less than 7 days prior to the intended start date.
Failed Payments
6.1 If a payment fails, it will automatically be retried every 12 to 24 hours until successful. A fee of £2 per declined attempt may apply.
6.2 Late or rejected payments may incur additional fees from your bank.
6.3 If payment issues are not resolved within seven (7) days, the membership will be cancelled, and all benefits will be forfeited.
Changes to Package Fees
7.1 The Company reserves the right to change the package fee at any time, with at least four (4) weeks’ notice.
Governing Law
8.1 This Agreement shall be governed by the laws of Western Australia.
Amendments
9.1 The Company may amend this Agreement from time to time. Continued participation 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.
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.
Direct Debit Agreement
This Direct Debit Agreement outlines the terms and conditions under which payments will be automatically debited from your nominated bank account or credit card by The Motion Academy. By entering into this agreement, you authorise The Motion Academy to deduct payments as specified below.
1. Direct Debit Authority
You authorise The Motion Academy to debit your nominated bank account or credit card for the agreed membership fees every 4 weeks, as per the schedule outlined in your membership agreement.
2. Payment Frequency
Direct debits will be processed every four (4) weeks from the commencement date of the membership and will continue automatically unless otherwise specified in writing. The Academy operates year-round (52 weeks per year); as such, payments will continue to be deducted during school holiday periods unless the account holder pauses the membership. Membership pauses are entirely self-managed through your membership portal. It is the sole responsibility of the customer to organise and monitor their own membership pauses. All pauses must be processed via your membership portal; requests submitted via any other means, including email, phone, SMS, or in person, will not be actioned. The company is not able to offer refunds / credits in the event that a membership pause was not put in place, regardless of whether the student attended classes. Pause requests must be submitted no less than 7 days prior to the intended pause start date. Membership pauses will result in an adjustment to the payment schedule.
3. Multiple Memberships
Due to the structure of our membership system, it is common for customers to hold multiple memberships. This may occur in cases where multiple children are enrolled, or where a single child is enrolled in multiple classes, as each enrollment requires a unique membership.
As a result, the system does not have the capability to prevent customers from purchasing multiple memberships, nor can the company actively detect or monitor instances where a customer has inadvertently purchased multiple memberships. It is the sole responsibility of the customer to monitor and manage their memberships, which is done via the subscriptions tab in their parent portal. The company does not monitor individual memberships.
If a customer initiates a new enrollment process without canceling any existing memberships, this will result in additional active memberships and multiple class spots being allocated. This, in turn, prevents those spots from being made available to other customers.
Accordingly, The Motion Academy can not provide refunds or credits for any unused classes where a customer holds multiple memberships, whether attended or not. In such cases, the company will be considered to have fulfilled its obligation by making the enrolled class available to the customer.
4. Insufficient Funds and Failed Payments
If there are insufficient funds in your account at the time of a debit, a dishonour fee may apply. Failed payments will be retried until successful. It is your responsibility to ensure your account has sufficient funds to cover the payment. The company is not liable for any charges imposed by your financial institution. If payment cannot be successfully processed, the outstanding amount will be considered a debt owed to the company. We reserve the right to engage a third-party agency to recover this debt.
5. Changes to Payment Details
If you need to update or change your nominated account or card details, please provide the updated information at least 7 days prior to your next scheduled payment to ensure the change is processed in time. This can be done through your parent portal.
6. Membership Cancellations
Memberships run in 4-week blocks, with enrollments automatically renewing 7 days before the end of each cycle. Once renewed, payment becomes owed, and the debit will be processed on the final day of your current 4-week block.
To cancel your membership, you must submit a cancellation request before the renewal date (at least 7 days before your next scheduled payment).
If a cancellation request is submitted after the renewal date (less than 7 days before your next payment), the upcoming payment will still be processed as scheduled, and the cancellation will take effect at the end of the following 4-week cycle.
Important: Cancelling your direct debit authorisation does not stop your membership from renewing. If you cancel your direct debit, you will need to arrange an alternative payment method to settle the outstanding balance.
7. Customer’s Right to Cancel Direct Debit
Your direct debit will be automatically cancelled once you complete the membership cancellation process and your child’s enrollment is officially terminated. You have the right to cancel your direct debit authorization at any time by providing written notice via email to kids@themotionacademy.com or by arranging it directly with your financial institution.
Direct debit is only a payment method—cancelling it does not automatically cancel your membership or stop your child’s enrollment from renewing. Any outstanding balance must be settled using an alternative payment method.
8. Amendments to the Agreement
The Motion Academy reserves the right to adjust membership fees or modify the terms of this direct debit agreement with 30 days’ notice. Any changes will be communicated to you via email or other contact methods provided.
9. Termination of Agreement
This agreement will be terminated upon cancellation of your membership or upon notification from you to cease direct debit payments, provided the terms of cancellation have been met. Outstanding fees, if any, must be settled before termination. Any outstanding amount will be considered a debt owed to the company. We reserve the right to engage a third-party agency to recover this debt.
10. Dispute Resolution
If you believe a payment has been incorrectly debited, please contact us immediately. We will investigate and resolve the matter as quickly as possible. If an error has occurred, we will arrange for the payment to be refunded.
11. Confidentiality
All personal information, including your bank or credit card details, will be kept confidential and secure in accordance with our privacy policy. This information will only be used for the purpose of processing your payments as authorised by this agreement.
By entering into this Direct Debit Agreement, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined above.
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.
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. Membership pauses are entirely self-managed through your membership portal and are the sole responsibility of the customer to organise. All pauses must be processed via your membership portal; requests submitted via any other means, including email, phone, SMS, or in person, will not be actioned. Pause requests must be submitted no less than 7 days prior to the intended start date. Membership pauses cannot be backdated. We are not able to issue refunds or credits for non attendance.
School Holiday Class schedule: During Western Australia (WA) school holidays, regular class schedules will be suspended, and all members will be required to schedule their sessions through the parent portal. Our programs run in full weeks, from Monday to Sunday. If the WA school holidays begin midweek, our regular schedule will continue through to the end of that week, with the flexi schedule starting the following Monday. Similarly, if the term start date falls midweek, our regular term schedule will begin on the Monday of that same week. For specific term and holiday dates, please refer to the General info & Dates section in your parent portal. These will be the dates that membership pause allowances are based on.
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.
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.
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.
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.
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.
Booking Changes: Changes to bookings outside your package inclusions will incur a $15 administration fee per change, per child.
Refund Administration Fee: Any refunds issued will incur a 20% administration/transaction fee to cover costs.
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.
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.
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.
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.
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.
Payment Requirement: Full payment is required at the time of booking. We cannot hold or reserve spaces without payment.
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.
Online Purchases: Refunds or credits will not be issued for online purchases made without applying the appropriate discount codes.
Refund Administration Fee: Any refunds issued will incur a 20% administration/transaction fee to cover costs.
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.
Agreement: These terms apply to all purchases and bookings. By proceeding with a booking, you agree to these terms.
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
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.
- 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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Birthday Party Booking and Payment Terms
Payment: Payment must be made in full at the time of booking. We cannot hold or reserve dates without payment.
Cancellation and Reschedule Fees:
- More than 4 weeks notice: 20% administration fee.
- Less than 4 weeks notice: 50% fee.
- Less than 1 week notice: 100% fee.
Cancellations by The Motion Academy: If we cancel your booking for any reason, a full refund will be provided.
Duplicate Bookings: In the rare occurrence of a system error that allows a duplicate booking, we will ask both parties if either can reschedule. If neither party agrees to reschedule, priority will be given to the first booking made. The second booking will be canceled and fully refunded.
Party Size Adjustments:
- For upgrades, the additional cost will be the standard rate difference between the current package and the upgraded package.
- For downsizes, the above cancellation and reschedule fees and timeframes will apply when recalculating costs.
- Modifications to party size cannot be made with less than 2 weeks’ notice due to staff scheduling constraints.
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.