TERMS & CONDITIONS
AND PRICING PLAN

1.0 STARTING YOUR MEMBERSHIP

AV BJJ MEMBERSHIP

As a member, you can use our dojo (gym) in line with these terms and conditions, including the dojo rules guideline.

We will not accept memberships from anyone with criminal convictions (in NZ or overseas) for violence, drug supply or any convictions against minors and/or any current gang member or affiliated parties.

IMPORTANT : LIABILITY WAIVER

1.10 This is a legally binding liability release, waiver, discharge and covenant not to sue (the “Release”), made by me, the undersigned, to AV BJJ (the “dojo”), to the instructors of the dojo (the “Instructors”), and to the members of the dojo (the “Members”).

I give permission for any AV BJJ, Instructor/Senior Belt to demonstrate techniques or correct techniques on me during class.

I fully recognise there are dangers and risks to which I may be exposed by participating in Jiu Jitsu, Judo and wrestling, which involves strenuous physical activity and extensive physical contact with others, including but not limited to joint locks, throws, chokes, strikes, ground fighting and other similar activities.

With full understanding of the risks involved and despite this Release, I am voluntarily joining the dojo and willing to participate.

I therefore agree to assume and take upon myself all of the risks and responsibilities in any way associated with this activity. In consideration of and in return for services, facilities, and other assistance provided to me by the dojo, the Instructors and the other Members in this activity, I release the dojo, its agents, the Instructors and the Members from any and all liability, claims and actions that may arise from injury or harm to me or from damage to my property in connection with this activity.

I understand that this Release covers liability, claims and actions caused entirely or in part by any acts or failures to act by the dojo, its agents, the Instructors and the Members, including but not limited to negligence, mistake, or failure to supervise.

I recognise that this Release means I am giving up, among other things, rights to sue the dojo, its agents, the Instructors and the Members for injuries, damages, or losses I may incur while participating in this activity.

I also understand that this release binds my heirs, executors, administrators, and assigns, as well as myself. I have read the entire Release, I fully understand it and I agree to be legally bound by it.

WHAT TYPE OF MEMBERSHIP DO WE HAVE?

1.20 We offer two membership options for a fixed minimum period of One Month from the advertised start date with 5 modular training sessions with a Brazilian Jiu Jitsu black belt instructor at our home dojo (gym) located at 2 Cassidy Drive, Ōrewa, Arran Point, Auckland 0931, New Zealand.

Details of all our current membership options are available online at www.avbjj.nz/training

We offer One-Off sessions for Advance Students for Comp Training and Belt Grading Preparation and Advanced Student one-on-one sessions.

DO WE OFFER DISCOUNTS?

1.30 From time to time we offer reduced membership fee during a promotional period.

Discounted Price as indicated in the Plans and Pricing section on the web site, the Discounted Price will be the price that you will be charged as a one-off of the minimum One Month Self-Defence & Jiu Jitsu Introductory Course or School Holiday Self-Defence Course for students the condition your payments are made monthly in advance for the remainder of the Minimum Term, which is subject to change in accordance with the terms of the agreement.

HOW OLD DO YOU HAVE TO BE TO TRAIN AT AV BJJ?

1.40 a) Our minimum age. You must be at least 10 years old to become a member and must show proof of your age, and special conditions in this paragraph apply;

(b) Joining aged 10. If you are under 16, a parent or guardian must accompany you to the dojo to acknowledge and accept the terms of your membership, confirm that you are able to partake in Jiu Jitsu and give permission for any AV BJJ Instructor or assistant to demonstrate techniques or correct techniques on you and acknowledge your pre-health questionnaire. You including any member over 10 years can then;

partake in Jiu Jitsu exercises;
learn Self-Defence techniques;
practice the Jiu Jitsu techniques on other members;
practice the Jiu Jitsu techniques on Instructors;
other members practice Jiu Jitsu techniques on you;
instructor can demonstrate Jiu Jitsu techniques on you.

WHEN DOES YOUR MEMBERSHIP START?

1.50 (a) Activating your Membership Agreement

Your membership starts when you have completed the following steps;

(i) completed your registration;
(ii) selected your membership type;
(iii) make payment by bank transfer or credit/debit card;
(iv) reviewed and accepted the Plan Policy of the membership;
(v) reviewed and accepted the “Dojo Rules” Section 4.

Please note, when joining AV BJJ you will need to complete a Health Declaration and disclose any injuries or medical conditions prior to your first lesson.

(b) Joining Fee

(i) There is no joining fee when you join minimum One Month Self-Defence & Jiu Jitsu Introductory Course or One-Off session.

CAN YOU CHANGE YOUR MIND?

1.60 (a) Cooling off period

(i) You can cancel your Membership Agreement during your Cooling-Off Period.
(ii) In this Membership Agreement “Cooling-Off Period” means five (5) business days from the date you activate your Membership Agreement in accordance with clause 1.50(a),
(iii) If you cancel during the Cooling-Off Period, we will then cancel your Membership Agreement and refund you your initial payment via bank transfer or credit/debit.
(iv) You can cancel during your 7 day free trail, we will then cancel your Membership Agreement and refund you your initial payment via bank transfer or credit/debit.

WHAT ABOUT YOUR HEALTH?

1.70 (a) Promising you are in good health

On the day that you complete your online membership, and each time you use our dojo, you promise us that;

(i) you are in good physical condition; and
(ii) you know of no medical reason or other reason why you cannot or should not partake in Jiu Jitsu.
You must also tell us if your medical condition changes after you join.
You must complete a Health Declaration & Questionnaire when completing free consultation. You must answer the questionnaire honestly and if you have any health or medical concerns you must discuss them with your doctor before completing your online signup or start training Jiu Jitsu.
You must not come to training if you have an infection or contagious condition.

2.0 THINGS TO KNOW ABOUT YOUR MEMBERSHIP

WHEN DO YOU PAY MEMBERSHIP FEES?

2.10 (a) Paying for ongoing memberships

(i) For the minimum One Month Self-Defence & Jiu Jitsu Introductory Course your membership is ongoing for a period of 5 weeks (including 7 day free trial) from the start date of the Course, you will pay your Membership Fee by bank transfer AV BJJ, ANZ Bank 010202-0011250-004 ref "your name" or credit/debit card (Visa or MasterCard or PayPal) in advance $55 each week for 4 weeks or $199 one off in accordance with your Membership Agreement. The frequency of payment is dependent on your chosen membership. AV BJJ accepts payment by debit or credit card online or bank transfer.
(ii) Reoccurring debit payments are deducted by our third party payment provider, you may refuse to acknowledge and accept the third-party’s terms and conditions if you do not agree to them. But please be advised that by not accepting the third party terms and conditions we will not be able to finalise your Membership Agreement. AV BJJ does not store or record any bank account or credit card details - these details are held securely by our third party payment provider and are subject to their privacy policy.

(b) Paying upfront

You can pay for your membership of $199 upfront and be entitled to the Discounted Price. If your membership type requires you to make a monthly upfront payment, then you will pay the specified amount 7 days after you complete the membership activation online. AV BJJ accepts payment by debit or credit card online or by bank transfer.

MEETING YOUR RESPONSIBILITIES

2.20 (i) You must make sure:

a. your account can accept credit / debit card debits (if you are unsure, check with your financial institution); for each week of $55 per week for 4 weeks OR $199 one off.
b. there is enough money in your nominated account on the payment day and the next 3 business days;
c. you tell us if you are transferring or closing your account at least 48 hours before your next debit;
d. you tell us about any changes to your credit card, such as expiry date, changed number or lost card, at least 48 hours before your next direct debit;
e. Querying a payment If you query a payment, you must email steve@avbjj.nz and we will do our best to respond within 48 hours.

WHAT HAPPENS IF YOUR PAYMENT FAILS?

2.30 (a) Losing your membership access

(i) If you do not fully pay your membership fees on the due date, we can suspend your membership immediately until your payments are up to date. We will also charge you a late payment fee of $10.00 for a failed payment to cover administration costs. This will be debited from your account, and you authorise us to do this.
(ii) All failed payments must be paid by bank transfer or debit card, credit card online (Visa or MasterCard or PayPal). You will be notified of a failed payment and either provided with the details of how to pay or advised that a further payment will be deducted by online payment.

(b) Paying your outstanding debts

(i) If you have outstanding debts, we will continue to debit your nominated account without notice, until we have received the total amount you owe us. We will make reasonable efforts to contact you and discuss this with you beforehand.

CAN AV BJJ CHANGE YOUR AGREEMENT?

2.40 (a) Staying up to date with our terms. We may sometimes add to, change or remove clauses in our terms and conditions. This includes changing lesson hours and membership fees. Sometimes we may have to close or limit our dojo to allow for instructor illness or injury. If we suspend our dojo’s operations or services, temporarily or permanently, we will put your Membership On-Hold.

(b) Being notified about changes
(i) We will give you at least 5 days notice of any changes, for instance by;
- (A) publishing them on our website or social media platforms;
- (B) phoning or emailing you to the last phone number / email address we have on file;
(ii) If we suspend our dojo’s operations or services, temporarily or permanently, we may send you written notice offering you either a:
- (A) place your Membership On-Hold;
- (B) make up missed sessions at a later date;
- (C) provide a full refund, if permanent.

It is your responsibility to keep your contact details up to date.

(c) Cancelling your membership. If we do not fulfil our obligations to you, or make a change to your agreement that adversely affects you, you may be able to cancel your membership for a full refund.

CAN YOU TEMPORARILY FREEZE YOUR MEMBERSHIP?

2.50 (a) Placing your membership On-Hold

(i) Your membership is for a minimum One Month. You CAN NOT place On-Hold. Any missed sessions due to minor injury, sickness or Covid infection, the session can be made up by appointment at a later date at no additional charge. If you forget to turn up for your session then you DO NOT qualify for a make up session.

100% SATISFACTION MONEY BACK GUARANTEE

2.60 If you are not satisfied with the techniques you have learnt and find our Course has not helped you in any way, then we'll give you your money back.

3.0 THINGS TO KNOW DURING YOUR MEMBERSHIP

HOW TO CANCEL YOUR MEMBERSHIP?

3.10 (a) Cancelling your membership

Membership is for a minimum of One Month and can ONLY be cancelled due to serious injury or sickness and must be satisfied by supporting documentation, such as a certificate from a medical practitioner stating you are unable to train Jiu Jitsu for the remaining period of your Membership. You can ask to cancel your membership by emailing steve@avbjj.nz. Cancellation requests must be in writing. You are not able to cancel your membership by phone. When all funds owed (if any) have been received your membership will be cancelled and you will receive an email confirmation.

(b) Transferring your membership to another person

(i) You can transfer your Paid in Advance or Minimum Term membership to another person (the transferee) within the minimum term of your agreement by sending a request to steve@avbjj.nz and as long as:
- a. the transferee is not a current member;
- b. the transferee completes the new membership using on-line sign up process;
- c. the transferee is eligible to take up your membership and has completed health consultation;
- d. the transferee has not been a previous member of AV BJJ who has been banned or has outstanding membership fees;
(ii) The transfer is effective after the transferee has completed the online sign-up process and confirmation received by email.

(iii) If you wish to cancel your Minimum Term Membership for any other reason, you can PAY OUT your agreement.
(iv) We calculate the amount you must pay by;
- a. multiplying your weekly or monthly fee by the number of weeks left in your Minimum Term;
- b. deducting 30% from the total.
(v) To cancel for any other reason, you must send a request by email to steve@avbjj.nz at least 1 week prior to your next direct debit payment confirming the date that you would like the cancellation to take effect.
(vi) Within 48 hours we will advise you by email of the amount required to be paid out. This amount is required to be paid immediately by bank transfer. No further direct debits will be deducted from your account.
(vii) When all funds owed (if any) have been received your membership will be cancelled and you will receive an email confirmation.
(viii) Your Minimum Term Membership will not be cancelled until payment of the minimum term pay-out has been confirmed and during this time you are responsible for all fees due.

YOU MUST FOLLOW THE DOJO (GYM) RULES & ETIQUETTE

4.10 Brazilian Jiu Jitsu like all martial arts is steep in tradition, teaching respect, discipline and honour.

Your membership is subject to your good behaviour within the dojo. Any violence or techniques held on after your partner taps either physical or verbal will not be tolerated. If you at any time fail to observe the dojo rules, we can ask you to leave the dojo or terminate your membership on reasonable grounds at any time.

Note that you will be responsible for any damage that you cause through a wilful act or negligence.

4.0 DOJO (GYM) RULES AND ETIQUETTE

USING OUR DOJO (GYM)

4.20 At all times as a member and as a courtesy to other members you must:

arrive on time for your class;
the student must bow when entering and exiting the mats;
clean you feet and hands with provided facilities;
partners must bow or shake hands with each other before or after practice or a lesson;
no sparring or rolling without permission of Instructor;
during class, when the Instructor is demonstrating the techniques, please pay attention;
do not ‘coach’ other members, always ask the Instructor for guidance;
look after your training partner and exercise care when performing a technique - remembering to tap twice or verbal tap;
male students must wear rash or T-shirt, gi pants or a board shorts with leggings;
female students must wear leggings along with a rash or T-shirt, sport bra and hair tie (no crop tops);
all metal objects, jewellery, piercing, necklaces and other items should be removed;
the uniform must be clean at all times;
no shoes, food or drink on the mat;
all students and Instructors must wear shoes when walking outside of the training area;
you must wear shoes when entering or using the bathroom;
do not use come to training if you are unwell or under the influence of alcohol or drugs.

YOURS AND OUR SECURITY

4.30 Our dojo is under 24/7 security video surveillance in the mat area except for the bathrooms.

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FIRST AID

4.40 Our dojo has a First Aid Kit for your use. Please ensure any sores are securely covered.

PARKING

4.50 Our dojo is in a residential area. Off street parking is not provided. Do not park in the driveway or across the driveway or on grassed areas. You park on the street at your own risk. We are not liable for any loss or damage to your vehicle or its contents.

RESPECTING OTHER MEMBERS, INSTRUCTORS AND GUESTS

4.60 Be respectful and do not behave inappropriately towards other members, guests or Instructors. Examples of inappropriate behaviour are:

Verbal or physical intimidation;
Harassment;
Discrimination on the basis of sex, race, age or disability;
Challenging the Instructor to a fight.

CAN YOU BRING GUESTS TO THE DOJO?

4.70 You can bring a guest into the dojo during lessons, we have seating available.

WHAT HAPPENS IF YOU BREAK THE AV BJJ CODE OF CONDUCT?

4.80 Being refused entry or receive a warning. We can refuse entry or request to leave, anyone including members, for a serious offence see 4.6, guidelines or terms and conditions of membership. If anyone (including a member) is requested to leave by an Instructor, they must do so immediately.

Facing instant cancellation with no refunds. We can cancel your membership without warning if you behave in a way that is seriously inappropriate or considered to cause risk, such as;

Threatening or harassing other members, guests, or Instructor;
Damaging equipment;
Using inappropriate language and behaviour of a sexual nature.

5.0 OTHER LEGAL STUFF YOU NEED TO KNOW

UNDERSTANDING OUR PRIVACY POLICY

5.0 During your membership we will have access to personal information about you, such as your health and financial situation. We will only use, disclose or deal with your information in line with our privacy policy.

We do not store or have access to your personal bank account or credit card details. All bank account and credit card details are stored securely with our third party direct debit provider.

The Privacy Policy applies to the services offered by AV BJJ.

5.10 Allowing us to use your image. We sometimes film or photograph the dojo, If we do, you have the right to opt out. By allowing the photograph, you allow us to use your image in promotional and other business-related material.

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