Terms and Conditions

Membership Terms & Conditions Operated by The Agoge Pty Ltd ABN 47 618 261 653 Last updated: 28 November 2021

These terms form a legally binding contract between you (the Member) and The Agoge Pty Ltd (“we”, “us”, “our”). This is a standard-form consumer contract under Australian Consumer Law (ACL).

1. Pre-Contract Information (required by Queensland law)

Upon booking a trial class or expressing interest in membership, we will immediately email you:

  • A clear written fee statement showing all fees, charges, total minimum cost, payment frequency, minimum term, and any administration or termination fees (QLD Fitness Code s 7).

  • A full copy of these Terms & Conditions.

  • Our Gym Rules (Schedule 1 below).

You must acknowledge receipt (e.g., reply “I confirm”) before attending your first class or committing to membership. Class timetable: www.the-agoge.com.au/timetable (updated in real time). If you do not receive these documents, contact admin@the-agoge.com.au immediately.

2. 48-Hour Cooling-Off Period

You may cancel this Agreement within 48 hours of signing or receiving your first Service with no penalty (QLD Fitness Code s 6). We will refund all money within 14 days (maximum $20 admin fee may apply if stated in your fee statement).

3. Membership Types & Fees

a. Fees are as shown in your emailed fee statement. b. Weekly or monthly payments are debited automatically regardless of attendance (except during approved pauses). c. Minimum term: maximum 3 months (or as stated in your fee statement). After the minimum term, membership auto-renews monthly until cancelled with 14 days’ written notice. d. You must keep a valid payment method on file at all times. e. Dishonour fee: maximum $10 per failed attempt (reasonable administration cost only).

4. Pauses

  • Minimum 2 weeks, maximum 12 weeks per calendar year.

  • Submit the Pause Form with supporting evidence (e.g., medical certificate or travel itinerary) at least 7 days before the pause starts.

  • Payments are suspended during an approved pause.

5. Cancellation / Termination by You (the Member)

After the 48-hour cooling-off period: a. During minimum term – you may cancel early without penalty for:

  • Permanent illness/injury (medical certificate required)

  • Death

  • Relocation more than 30 km from the gym

  • Material breach by us b. After minimum term – 14 days’ written notice via Cancellation Form (no fee). c. We will confirm cancellation in writing and refund any unused prepaid portion within 14 days.

6. Termination or Suspension by Us (the Gym)

We will only terminate or suspend for legitimate reasons and will follow a fair process.

Grounds (after notice/warning where required):

  • Non-payment of fees after written notice and 14-day remedy period

  • Repeated failed payments (see clause 6e below)

  • Repeated or serious breaches of Gym Rules or code of conduct (including endangering others)

  • Harassment, aggression, or behaviour that disrupts the training environment

  • Fraudulent use or any action that risks our licence or insurance

e. Repeated failed payments If three (3) or more consecutive direct-debit attempts fail (or four (4) failures in any six-month period) and you do not provide a valid payment method within seven (7) days of our written notice, we may suspend or terminate your membership immediately. We will always send at least one reminder giving you seven (7) days to rectify before termination. Upon termination you will receive a pro-rata refund for any unused prepaid period within 14 days. Outstanding fees remain payable.

f. Serious safety breaches In cases of immediate danger to others (e.g., repeated use of prohibited techniques after warnings), we may terminate or suspend access immediately with written notice.

g. Process You will receive written notice (email/SMS) stating the reason, evidence, and effective date. Access is revoked immediately on termination.

7. Timetable, Classes & Bookings

a. Timetable may change with 7 days’ notice. b. No regular classes on public holidays or extended closures – makeup classes or pro-rata credits provided. c. Bookings required via the app; cancel at least 2 hours prior or the class is forfeited.

8. Refunds & Consumer Guarantees

  • Pro-rata refunds are provided wherever required by this Agreement or Australian Consumer Law.

  • All refunds processed within 14 days.

  • Services come with non-excludable ACL guarantees (fit for purpose, due care and skill, safe environment).

9. Gym Rules & Code of Conduct – Schedule 1

(emailed separately and displayed on the mats) Key rules include (but are not limited to):

  • Clean training gear and personal hygiene at all times

  • No shoes on mats

  • Follow coach instructions at all times

  • No prohibited techniques on beginners (e.g., heel hooks, neck cranks, slamming) unless in designated advanced sessions with mutual consent

  • No aggression, bullying, or discriminatory behaviour

  • Report all injuries immediately Breaches may lead to verbal warning → written warning → suspension → termination.

10. Complaints

Contact admin@the-agoge.com.au in writing.

We will acknowledge within 48 hours and aim to resolve within 7 days.

If unresolved, you may contact Queensland Office of Fair Trading (13 QGOV) or QCAT.

11. Privacy & Liability

We comply with the Privacy Act 1988. To the extent permitted by law, our liability is limited to resupplying the service or refunding the fee. You participate in Brazilian Jiu-Jitsu at your own risk after receiving a safety induction.