Terms & Conditions

ARAKAN MARTIAL ART MEMBERSHIP

TERMS AND CONDITIONS FOR PAYMENTS AND REFUNDS

PLEASE NOTE THAT THESE PAYMENT TERMS & CONDITIONS ARE THE SAME AS THOSE INCLUDED AT CLAUSE 10 OF YOUR AGREEMENT

1.

DEFINITIONS

(i)

“you / your / me / I / my” means and includes but is not limited to the person over 18 years of age who signed this Agreement or if under 18 years of age means the person for which the Agreement was signed by his/her Parent or Guardian, and their executors, administrators, or assigns.

(ii)

“Agreement” means the agreement that you entered into with Arakan to undertake Arakan Martial Art and/or Arakan Fitness with Arakan.

(iii)

“Arakan” means Arakan Martial Art Pty Ltd ACN 608 033 530, its officers, franchisees, instructors (trainers), contractors, servants, agents and employees (hereinafter collectively or individually “Arakan” as the context requires).

(iv)

“Arakan Martial Art” means all Arakan martial art activities, martial arts training and techniques, and use of such training methods and techniques, equipment and associated activities of Arakan (including its franchisees).

(v)

“Arakan Fitness” means all Arakan fitness training activities and techniques, including the use of all machinery and or equipment and associated activities of Arakan (including its franchisees).

(vi)

“Membership” means your admittance as a member with Arakan to undertake Arakan Martial Art and/or Arakan Fitness with Arakan, pursuant to the terms of your Agreement.

2

PAYMENT S

1. MEMBERSHIP: It is a condition of your Agreement that you pay the membership fee (“Membership Fee”). Arakan may elect in its sole discretion to waive its requirement for you to pay the Membership Fee. The Membership Fee is presently $AUD99.00 for adults or $AUD66.00 for juniors, however, Arakan may change the Membership Fee from time to time by giving you prior notice. Upon receipt of your full payment of the Membership Fee and a signed copy of the Agreement, you will be a member (“Member”) which enables you to undertake Arakan Martial Art and/or Arakan Fitness lessons (“Lessons”). To maintain your Membership, you will need to pay the Renewal Fee and Weekly Fees pursuant to this clause.

1. MEMBERSHIP FEES: Your Membership will be renewed on an annual basis. To renew your Membership, you will need to pay the renewal fee (“Renewal Fee”). The Renewal Fee is presently $AUD66.00 for adults or $AUD44.00 for juniors, however, Arakan may change the Renewal Fee from time to time by giving you prior notice. The current Renewal Fee will be advised by email approximately 1 month prior to the date that is 12 months from the date of the Agreement (“Due Date”). The Renewal Fee will be automatically deducted from your nominated account on the Due Date.

1. WEEKLY FEE: You must pay for your weekly Lessons in full before the applicable weekly Lesson commences (“Weekly Fee”). The Weekly Fee varies depending on the Arakan franchisees, instructor or trainer you train with, whether you have private or shared Lessons. Your Arakan franchisees, instructor or trainer cannot train you without your payment of the Weekly Fee.

1. LESSON CANCELLATION POLICY: If you wish to reschedule a Lesson, 24 hour’s notice must be given to and acknowledged by Arakan, or your Lesson and the fee associated with your Lesson will be forfeited.

1. EVENTS AND SEMINARS AND EVENTS AND SEMINARS FEES: As part of your Membership, Arakan offers Arakan Martial Art and/or Arakan Fitness events and Seminars (“Events and Seminars”) for an additional fee (“Event or Seminar Fee”). The Event or Seminar Fee varies depending on the type of Arakan Martial Art and/or Arakan Fitness event or seminar to be held. Full or part payment of an Event or Seminar Fee is not transferable or refundable. In the event that you are unable to attend an Event or Seminar then you will not be entitled to a credit and all payments received for that Event or Seminar will be forfeited regardless of whether you provide notice to Arakan.

1. GROUP MODULES AND JUNIOR TERMS AND GROUP MODULES AND JUNIOR TERMS FEES: As part of your Membership, Arakan offers group modules and junior terms (“Group Modules and Junior Terms”) for an additional fee (“Group Modules and Junior Terms Fee”). The Group Modules and/or Junior Terms Fee varies depending on the type of Group Modules or Junior Term to be held. Full or part payment of a Group Modules and Junior Terms Fee is not transferable or refundable. The Group Modules and Junior Terms Fee may be paid by you either in full at week 1, or in instalments as follows: 50% part payment at week 1 with 50% balance payment at week 5. In the event that you are unable to attend a Group Module or Junior Term you will not be entitled to a credit and all payments received for that Group Module or Junior Term will be forfeited. In the event that you cannot attend a Group Module or Junior Term class then you can make up that class by attending another class of the same level (with the Arakan Instructor’s permission) by providing two (2) days notice. No discounts for the Group Module or Junior Term Fee will be given under any circumstances.

1. ARAKAN MARTIAL ART TRAINING PACKAGES: You may elect to pay Arakan the training package fee (“Training Package Fee”), which is a lump sum that may be used as credit (“Training Package Credit”) that you may apply against Arakan merchandise, your Membership Fee, your Renewal Fee, your Weekly Fee, your Event or Seminar Fee and/or your Group Modules or Junior Terms Fee. Payment of the Training Package Fee will entitle you to discounted Arakan merchandise and Membership Fees, Renewal Fees, Weekly Fees and Event or Seminar Fees. The applicable discount varies according to the particular Arakan merchandise or fee and otherwise from time to time. You should confirm the applicable discount with Arakan at the time you purchase your Training Package Credit. Arakan merchandise discounts are only valid for the duration of the Training Package. The Training Package Fee is non-refundable. Should you stop training with Arakan, any Training Package Credit that you leave will remain until you return to training with Arakan. Once your Training Package Credit has been exhausted, you will automatically be charged the full price for Arakan merchandise or the full price fee (as applicable) unless or until you make payment of a new Training Package Fee.

1. CREDIT CARD DEDUCTIONS AND DIRECT DEBIT REQUESTS: You may elect to pay the abovementioned fees (“Fees”) by automatic credit card deductions and/or Direct Debit by providing us with written authority in this regard. It is your responsibility to ensure that on the relevant credit card deduction and/or Direct Debit date, there are sufficient funds available on your nominated credit card or account to pay the relevant Fee. If the credit card deduction and/or Direct Debit is dishonoured by your financial institution Arakan will contact you and require immediate payment of the relevant Fee by an alternate method. Any transaction fees payable by us in respect of the Agreement will be added on to your account for reimbursement or payment by you. If you pay your Fees by automatic credit card deductions and/or Direct Debit and you would like to cancel all future payments of Fees, then you agree to provide Arakan with 7 days written notice of this intention via mail or email.

1. GENERAL: All Fees are GST inclusive. All payments of Fees must be made directly to Arakan.

3

REFUNDS

1. Pursuant to clause 1(d) above, if you wish to reschedule a Lesson, 24 hour’s notice must be given to and acknowledged by Arakan, or your Lesson and the fee associated with your Lesson will be forfeited.

1. Pursuant to clause 1(f) above, full or part payment of a Group Modules and Junior Terms Fee is not transferable or refundable.

1. Pursuant to clause 1(g) above, the Training Package Fee is non-refundable. Should you stop training with Arakan, any Training Package Credit that you leave will remain until you return to training with Arakan. Once your Training Package Credit has been exhausted, you will automatically be charged the full price for Arakan merchandise or the full price fee (as applicable) unless or until you make payment of a new Training Package Fee.