Terms & Conditions

ARC Studios Membership Agreement Terms & Conditions & Liability Release

By submitting the Application Form, electronically accepting these terms and conditions, or utilising ARC Studios for its intended purpose, you confirm that you have read, understood, and agree to be bound by this Agreement.

1. Summary of Key Terms
   
   

• Membership Name: Transform | 12 Months
  
  

• All membership fees are billed weekly (excluding Pay-In-Full memberships).
  
  

• A $1.50 payment processing fee applies to billing using credit card details. A $0.60 payment processing fee applies to billing using a bank account.
  
  

• Late Cancellation within 6 hours of a class start time or No-show: $10.
  
  

• Suspension fee (excluding birth-related and medical suspension): $11 per week. Minimum suspension length: 1 week; Maximum suspension length: 90 days (excluding birth-related suspension).
  
  

• Month-by-month Membership Cancellation: the member can cancel their membership at any time by giving 30 days’ notice.
  
  

• 12 and 6-month term Autopay Membership Cancellation: the member can cancel at any time during the minimum term by giving 30 days’ notice and paying the early cancellation fee ($250).
  
  

• 12 and 6-month Pay-In-Full Memberships are non-refundable.
  
  

• Membership commences on the date that the member enters into this Agreement.
  
  

1. The Application
   2.1 These terms and conditions together with the application form and the Direct Debit Request make up a legally binding agreement between ARC Studios and the Member (“Agreement”).
   2.2 The member acknowledges that they have not relied on any representations made to them before or at the time of entering this Agreement.
   2.3 Submission of the Application Form does not guarantee membership. ARC Studios reserves the right to reject any Application Form, or otherwise restrict, suspend, or terminate an existing membership if the member is, in ARC Studios’ reasonable opinion, unfit to partake in the activities offered by the studio. The member may be required to provide a medical certificate confirming that they are fit to train before membership is granted or reinstated.
   
   

2. Fees, Default, and Late Payments
   3.1 By entering into this Agreement, the member agrees to pay all Membership Fees for the respective period in advance. Failure to do so may result in a hold being placed on the member's account and refusal of entry. Membership may be terminated if fees are unpaid for 14 days or more, and the member will remain liable for unpaid amounts.
   3.2 ARC Studios reserves the right to amend the Membership Fee with no less than 30 days’ notice.
   3.3 ARC Studios operates a cashless business, with payment by way of direct debit from the member’s Billing Account. Members understand and agree that fees and charges include, but are not limited to, enrolment fees, membership fees, service charges, late fees, applicable taxes, and/or fees for uncollected monthly fees. Debited amounts may vary each month based on additional amounts owed under this Agreement.
   3.4 The Direct Debit Request will continue until the membership is terminated or cancelled in accordance with this Agreement.
   3.5 The member consents to ARC Studios providing their personal information to a third-party direct debit provider.
   3.6 ARC Studios may recover from the member any merchant or other fees incurred because of the member’s method of payment.
   3.7 A $5 processing fee will be charged in the event of dishonoured payment.
   3.8 Members are responsible for maintaining a valid Billing Account to ensure fees are collected.
   
   

3. Auto Renewal & Membership Cancellation
   4.1 Cooling Off Period: Members have a 7-day cooling-off period to cancel their membership. For unopened studios, the period starts when the studio begins trading. Cancellation during the cooling-off period requires submitting the ARC Membership Cancellation request form.
   4.2 Cancelling on or after the Minimum Term: Membership continues to renew monthly until 30 days’ notice is provided via the ARC Membership Cancellation request form.
   4.3 Cancelling during the Minimum Term: Members may cancel by providing 30 days’ notice and paying the Cancellation Fee. Pay-In-Full memberships are non-refundable.
   4.4 Month-to-Month Agreement: Membership continues to renew monthly until 30 days’ notice is provided.
   4.5 Cancelling for Medical Reasons: Membership may be cancelled immediately without paying the next due Membership Fee or Cancellation Fee if the member provides notice with medical documentation.
   4.6 Other Cancellation Clauses: Membership may be cancelled without paying the next due Membership Fee or Cancellation Fee in cases of bankruptcy, legal entitlement, or permanent relocation >30 km from the studio.
   4.7 Cancellation by ARC Studios: ARC Studios may cancel membership if the member breaches this Agreement. Damages or fees may be recovered.
   4.8 Refunds: Fees and charges owed to ARC Studios may be deducted from any refund.
   4.9 Cancellation Fee: $250.
   
   

4. Release of Liability; Assumption of Risk; Indemnity
   5.1 To the extent permitted by law, the member releases and holds harmless ARC Studios and staff from losses incurred due to participation in any activity.
   5.2 The member indemnifies ARC Studios and staff against losses arising from breaches of this Agreement or negligent acts by the member.
   5.3 The release and indemnity do not apply where losses are caused by gross negligence of ARC Studios.
   
   

5. Class/PT Bookings, Cancellations, and Late Arrival
   6.1 Class spaces are limited and must be pre-booked online.
   6.2 Class bookings close five (5) minutes before a class commences.
   6.3 Late Cancellation/No Show Fee of $10 applies if notice is less than 6 hours.
   6.4 Members must arrive on time or early; doors are locked at the exact start time of each class.
   6.5 1:1 PT clients must cancel within 24 hours of a session. Outside of this, the member may forfeit the session and be charged the full amount.
   
   

6. Expiry of Classes
   Classes do not accrue or roll over from week to week and must be used within the relevant billing cycle.
   
   

7. Membership Freeze
   8.1 Memberships can be frozen with one (1) week written notice. Minimum freeze: 1 week. Maximum freeze: 90 days per year.
   8.2 $11 per week freeze fee applies unless a medical certificate is provided.
   8.3 Memberships may not be cancelled during a freeze.
   
   

8. Upgrade and Downgrade
   9.1 Upgrade: Written notice required. Fees apply from the next billing date.
   9.2 Downgrade: Eligible after the Minimum Term; 30 days’ written notice required.
   
   

9. Conditions of Entry
   Members agree to abide by posted safety guidelines, dress and conduct rules. No drugs, alcohol, or tobacco on studio property. Photography or videography is prohibited without consent. ARC Studios may revoke access for violations.
   
   

10. Medical Conditions
    Members represent they are in good health and assume full responsibility for use of ARC Studios facilities. Members indemnify ARC Studios against any damages arising from their use of facilities.
    
    

11. Image Use
    By entering ARC Studios, members consent to the use of images (photo or video) for marketing or publicity purposes. No royalties or compensation will be payable. Studios may operate under 24/7 video surveillance.
    
    

12. Non-Discrimination
    ARC Studios is a female-only studio. Membership and services are available to all individuals who identify as women, including transgender and non-binary women. ARC Studios does not discriminate based on race, colour, religion, age, origin, disability, marital status, or sexual orientation.
    
    

13. Changing Terms, Rules, and Regulations
    ARC Studios may change any term in this Agreement. Members will be notified in writing 30 days prior and may cancel penalty-free within that period.
    
    

14. Liability
    15.1 Statutory Guarantees: Nothing in this Agreement excludes statutory rights that cannot be excluded by law.
    15.2 Exclusions: ARC Studios excludes liability for direct, economic, consequential, or indirect losses, except where caused by gross negligence.
    15.3 Loss of Property: ARC Studios is not liable for lost, stolen, or damaged personal property.
    
    

15. Privacy
    Members must update personal, contact, and payment information as needed. Personal information will be handled in accordance with ARC Studios’ Privacy Policy.
    
    

16. Privity
    ARC Studios’ affiliates, staff, and related parties are not parties to this Agreement. Members agree to indemnify ARC Studios from any losses arising in connection with this Agreement.
    
    

General Provisions
This Agreement constitutes the entire agreement between ARC Studios and the member. It is governed by the laws of the State of Victoria. If any part is unenforceable, it is severed and the remaining provisions retain full effect.