TREETOP ARTS: CONDITIONS OF PROGRAM ENROLMENT
-
The student is entitled during the programme period to restricted use of Treetops sessions only and is subject to the conditions of this agreement and the rules and regulation of Treetop arts. (which the student/guardian acknowledges to have read on the website).
-
The students rights will be automatically suspended (at the discretion of the manager) if the student is in default in making any payments required under this agreement. If any installment of the program is not paid on the due date, then the whole program cost/balance will, at the manager’s option, become immediately payable upon demand.
-
Non-use of the facilities by the student gives no right to a rebate, cancellation, or refund of program fees. If Treetop Arts remains closed during its normal hours of operation, then under the fitness industry code of practice regulations (“Hours of Opening”) for any reason (customary and statutory term holidays excluded) the student will be automatically extended for an additional session equal to the duration of the closure. No rebates, discounts or refunds are offered or given.
-
A Parent or Guardian may withdraw his/her son or daughter from the program by giving Treetop Arts written notice and paying all outstanding payments remaining.
-
The student Parent or Guardian accepts that Treetop Arts reserves the right to incrementally increase all club program costs at any time.
-
The student Parent or Guardian may not transfer his/her rights under this agreement, but the club and the Manager / Owner may transfer their rights on notice to the student Parent or Guardian.
-
The Student or Guardian of a student (if under the age of 18 years of age) warrants as fundamental condition of this agreement and entry to Tree Top Arts that the participating student is:
- Medically fit and able to participate in physical exercise and has the ability to use the gymnasium facilities and train in a group class environment.
- is not aware of having or had, any physical or mental disability, conditions or disease which might be aggravated or worsened by physical exercise or which could result in deterioration of health when physical exercise is undertaken. -
A student is entitled to a maximum of (2) two make up sessions in one term.
-
A minimum of 10% of the full term fees OR program fees are required to be paid before a student can be confirmed into a group or program.
-
All Vouchers need to be claimed at the beginning of a term and cannot be used throughout the course of a payment plan.
-
Public holidays will result in a shorter term however the Student or Guardian will not incur fees for public holiday sessions missed.
-
There are no refunds on registration fees (under any circumstances).
-
The Student or Guardian of a student acknowledges that Tree Top Arts and the manager offer no guarantee that the programs, advice, or facilities available to the student are approved by any medical or other authority.
-
The Student or Guardian of a student if under 18, years of age warrants, indemnifies and releases TreeTop Arts and the manager, employees, agents, contractors and directors, from any claim:
- which may by reason of the member suffering disease, deterioration of health, illness or aggravation of any condition of ill health as a result of participation in sessions or programs, or by acceptance of advice, or during the use of Tree Top Arts facilities;
- for personal injury sustained by the member while within on or about the gym facilities;
- that the club, the manager, or any employee, agent or contractor or director of Tree Top Arts is negligent. -
The Student or Guardian of a student if under the age of 18 years of age, warrants accepts that with any physical activity, including the activities on offer at Tree Top Arts, there is a risk of either minor or major accidents, illness, sickness, injury or death occurring. The Student or Guardian of a student warrants acknowledges that the student uses the gym and facilities at his or her own risk.
-
The Student or Guardian of a student has completed a pre-exercise link relating to his/her fitness to participate in the services offered by the club and the manager, or to use the facilities provided on the premises.
-
Tree Top Arts and all staff/team members do not act as a Bailee of the students property and that club staff will not be liable for loss of or damage to the member’s property.
-
Despite any other provision in this agreement, the Tree Top Arts manager reserves the right to the program to cancel this agreement at any time by notice in writing without giving reasons and without compensation, but the member may receive a refund of any money paid and attributable to the remaining membership period after that cancellation.
-
Except as prevented by fires, war, major strikes, government regulations or similar causes, the company will during the program period maintain the hours of opening and in the event that the facilities regularly used by the student are closed for any reason the Student or Guardian of a student agrees to accept similar substitute facilities within a reasonable distance from Tree Top Arts.
-
The Guardian:
- consents to the student being a member of the program:
- has read and understands this agreement: and
- will use reasonable all endeavors to ensure that the student complies with this agreement. -
In accordance with the Fitness Industry Code of Practice:
- if the Program Period is 6 months or more then the member has a 7 day cooling off period from the assigned date to terminate and must do so in writing.
- if the student or guardian terminates this agreement during the cooling off period then the student is entitled to a refund of any program fees (less the reasonable costs no greater than $25 AUD).
Covid Special Conditions:
If the facility is forced to close due to a government enforced closure then the Terms and Conditions of this agreement remain unchanged. All program minimum terms will be extended and any pre-paid program fees credit. (No refunds are issued as a result of a government enforced closure).
-
The Student or Guardian of a student consents to and authorises the use and reproduction by Tree Top Arts and its agents, of the following items relating to the member’s participation in the club’s activities:
- photographs, results, comments and testimonials both written and recorded on audio and/or video, first name and initial, suburb and age.
- The Student or Guardian of a student fully understands that the above information may be used for advertising purposes now and/or anytime in the future. The Student or Guardian of a student also acknowledges that he or she, or any successor, as the assignee to this agreement is not entitled to any compensation now and/or in the future for any or all use of said items of information. -
The Guardian acknowledges that all times whilst on Tree Top Arts premises that their child / children are there at the students own risk and will not hold Tree Top Arts liable.
-
The Student or Guardian of a student acknowledges that any hot / cold beverages or food consumed, spilt, knocked, bumped is at the students own risk and will not hold Tree Top Arts liable for any burns, cuts or injuries or sickness that is incurred.
-
The Student or Guardian of a student acknowledges that they have the right to make complaints to the Health Services Commissioner under the Human Rights Commissions Act 2005.
-
By submitting a correct payment method, date of birth and residential address, and by accepting all Tree Top Arts Terms and Conditions the Student or Guardian of a student acknowledges they have digitally authorised the facility and its management team to implement this agreement and all conditions outlined. The agreement has been enforced and mutually agreed upon by all parties after a payment method has been implemented.