MEMBERSHIP AGREEMENT
-
Service Inclusions:
Climbing.Service Exclusions:
Coaching.
Shoe & Harness Hire.
Competitions & Events.Term:
Single Use.Use Timeframe:
Must be used on day of purchase.Payment Frequency:
One Off.Fee Payment Date:
On day Services first wish to be used.
Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees.Suspension:
Not available.Registration Fee:
Payable on your first visit only. -
Service Inclusions:
Climbing.Service Exclusions:
Coaching.
Shoe & Harness Hire.
Competitions & Events, as listed on our website.Term:
Ten times Single Use.
Multiple Users permitted.Use Timeframe:
Must be used within 5 months of the first use.Payment Frequency:
One Off.Fee Payment Date:
On day Services first wish to be used.
Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees. Multiple users permitted.Suspension:
Not available.Registration Fee:
Payable on your first visit only. -
Details:
Up to four (4) Users.
Minimum two (2) children.
Maximum two (2) adults.Service Inclusions:
Climbing.
Shoe & Harness Hire.Service Exclusions:
Coaching.
Competitions & Events, as listed on our website.Term:
Day pass, Single Use.Use Timeframe:
Must be used on day of purchase.Payment Frequency:
One Off.Fee Payment Date:
On day Services wish to be used.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees.Suspension:
Not available.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries.
Single User.Service Inclusions:
Climbing.Service Exclusions:
Shoe & Harness Hire.
Coaching.
Competitions & Events, as listed on our website.Term:
Unlimited.
1 Month.Use Timeframe:
Starts immediately on the date of first use. Expires one (1) month from day of first use.Payment Frequency:
One Off, upfront.Fee Payment Date:
On day Services first wish to be used.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees.Suspension:
Not available.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries.
Single User.Service Inclusions:
Climbing.Service Exclusions:
Shoe & Harness Hire.
Coaching.
Competitions & events, as listed on our website.Term:
Unlimited.
6 Months.Use Timeframe:
Starts immediately on the date of first use. Expires six (6) months from day of first use.Payment Frequency:
One Off, upfront.Fee Payment Date:
On day Services first wish to be used.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees. We may, however, at our sole discretion, allow you to transfer the Membership to another person.Suspension:
We may allow you to suspend your Membership in accordance with clause 5.6 of 5.7 of the Terms.
Up to two (2) weeks suspension.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries.
Single User.Service Inclusions:
Climbing.Service Exclusions:
Shoe & Harness Hire.
Coaching.
Competitions & events, as listed on our website.Term:
Unlimited.
Yearly.Use Timeframe:
Starts immediately on the date of first use. Expires twelve (12) months from day of first use.Payment Frequency:
One Off, upfront.Fee Payment Date:
On day Services first wish to be used.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees. We may, however, at our sole discretion, allow you to transfer the Membership to another person.Suspension:
We may allow you to suspend your Membership in accordance with clause 5.6 of 5.7 of the Terms.
Up to four (4) weeks suspension.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries.
Single User.Service Inclusions:
Climbing.
Shoe & Harness Hire.
Competitions & events, as listed on our website.Term:
Unlimited.
Monthly.
Minimum twelve (12) months lock-in contract from date of first use.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
Recurring.
28 days, in advance.Fee Payment Date:
28 days, in advance.Cancellation Fee:
No Cancellation Fee is payable provided 12 months have been paid in full, and that cancellation takes place at least 5 Business Days prior to the next scheduled payment date. A Cancellation fee equivalent to two months is payable if membership is terminated before the 12 month period.Suspension:
We may allow you to suspend your Membership in accordance with clause 5.6 of 5.7 of the Terms.
Up to four (4) weeks suspension.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries.
Single User.Service Inclusions:
Climbing.
Shoe & Harness Hire.
Competitions & events, as listed on our website.Term:
Unlimited.
Monthly.
No lock-in contract after one month of fees paid.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
Recurring.
28 days, in advance.Fee Payment Date:
28 days, in advance.Cancellation Fee:
No Cancellation Fee is payable provided 1 month has been paid in full, and that cancellation takes place at least 5 Business Days prior to the next scheduled payment date.Suspension:
Unlimited:
In accordance with clause 5.6 of 5.7 of the Terms.Registration Fee:
Payable on your first visit only. -
Details:
Unlimited entries for family membership holders.
Up to four (4) Members.
Minimum (2) children.
Maximum (2) adults.Service Inclusions:
Climbing.
Shoe & Harness Hire.
Competitions & events, as listed on our website.Term:
Unlimited.
Monthly.
Minimum twelve (12) months lock-in contract from date of first use.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
Recurring.
28 days, in advance.Fee Payment Date:
28 days, in advance.Cancellation Fee:
No Cancellation Fee is payable provided 12 months have been paid in full, and that cancellation takes place at least 5 Business Days prior to the next scheduled payment date. A Cancellation fee equivalent to two months is payable if membership is terminated before the 12 month period.Suspension:
We may allow you to suspend your Membership in accordance with clause 5.6 of 5.7 of the Terms.
Up to four (4) weeks suspension.Registration Fee:
Payable on your first visit only. -
Details:
3hr Booking.
Minimum 10 climbers.
Maximum 30 climbers.Service Inclusions:
Climbing.
Private Instructor (1hr).
Shoe & Harness Hire.Additional Inclusions:
Catering options available upon request, at an additional cost.
Term:
Single Use.Use Timeframe:
To be used on day of Booking.Payment Frequency:
One off, as available on our website.Fee Payment Date:
Deposit at time of Booking: 50%.
Final payment on day of scheduled event: 50%Cancellation Free:
If you cancel or reschedule less than 2 hours before the start of the Booking, you will not be able to get a refund or reschedule the Services to a different time, and you will be liable to pay the whole of the fees.If you cancel or reschedule more than 2 hours but less than 48 hours before the start of the Booking, you are eligible for a 50% refund.
If you cancel or reschedule more than 48 hours before the start of the Services, you are eligible for a 80% refund.
Suspension:
We may, at our sole discretion, allow you to put the Booking on hold for a maximum period of 1 month from the date of Booking.Notice: You must submit your request to suspend the Booking by phone or email at least 5 Business Days before the date of the Group Booking.
Registration Fee:
Group bookings are not registered and do not pay registration fees. -
Service Inclusions:
Climbing.
Coaching.
Shoe & Harness Hire.Term:
Single Use.Use Timeframe:
Must be used within one (1) month of day of purchase.Payment Frequency:
One Off, as available on our website.Fee Payment Date:
On day of Booking.Cancellation Fee:
If you cancel less than 24 hours before the start of the Services, you will not be able to get a refund or reschedule the Services to a different time, and if included in a multi pass, the session will be forfeited.
Suspension:
Suspension – not available. You may however transfer these Services to another user. -
Service Inclusions:
Climbing.
Coaching.
Shoe & Harness Hire.Term:
Single Use.Use Timeframe:
Must be used within one (1) month of day of purchase.Payment Frequency:
One Off, as available on our website.Fee Payment Date:
On day of Booking.Cancellation Fee:
If you cancel less than 24 hours before the start of the Services, you will not be able to get a refund or reschedule the Services to a different time, and if included in a multi pass, the session will be forfeited.
Suspension:
Suspension – not available. You may however transfer these Services to another user. -
Service Inclusions:
Climbing.
Coaching.
Shoe & Harness Hire.Term:
Eight (8) times Single Use.Use Timeframe:
Must be used within five (5) months of day of first use.Payment Frequency:
One Off, as available on our website.Fee Payment Date:
On day Services first wish to be used.Cancellation Fee:
If you cancel less than 24 hours before the start of the Services, you will not be able to get a refund or reschedule the Services to a different time, and if included in a multi pass, the session will be forfeited.
Suspension:
Suspension – not available. You may however transfer these Services to another user. -
Service Inclusions:
As available on our website.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
One off, as available on our website.Fee Payment Date:
On day of Booking.Cancellation Fee:
If you cancel less than 24 hours before the start of the Services, you will not be able to get a refund or reschedule the Services to a different time, and if included in a multi pass, the session will be forfeited.
Suspension:
Suspension – not available. You may however transfer these Services to another user. -
Service Inclusions:
Climbing.
Coaching.
Shoe & Harness Hire.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
One Off, as available on our website.Fee Payment Date:
On day of Booking.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees.
Suspension:
Not available.Registration Fee:
Payable on your first visit only. -
Service Inclusions:
As available on our website.Use Timeframe:
Immediately on the date of first use.Payment Frequency:
One Off or Reoccurring, as available on our website.Fee Payment Date:
On day of Booking.Cancellation Fee:
Subject to your Consumer Law Rights, the fee is non-refundable and if you cancel, you waive the full amount of the fees.
Suspension:
If your discount offer forms part of a Membership, we may allow you to suspend your Membership in accordance with clause 5.6 of 5.7 of the Terms.
we, us, or our (Service Provider):
The Nest Climbing Gym Pty Ltd (ACN 681776054).
Email: nowra@climbthenest.com.au
Agreement:
Together, (1) these Membership Details; (2) our Terms; (3) our Waiver; (4) our Health Questionnaire; and (5) our Privacy Policy, form the entire agreement under which we will provide our Services to you (Agreement).
For questions about this Agreement, or to get in touch with us, please email us.
Services:
The Services depend on your Membership Type and include any Additional Services you choose to acquire.
Minimum Period:
12 months OR N/A
Membership Type (As available on our Website):
Single Entry
10 Pass
Family Day Pass
Upfront 1 Month
Upfront 6 Months
Upfront 12 Months
Month To Month Memberships
Additional Services (As available on our Website):
Group Bookings (Party/Corporate)
Coaching Group
Coaching Private
Schools
Competitions & Events
Discount Offers
Fees and Payment Terms:
The Fees for our Services and our Payment Terms depend on your Membership Type and/or type of Additional Services Type (as available on our Website)
Paid Services may include one-time purchases or recurring Services.
You must pay all amounts due under this Agreement in accordance with the Terms and the Membership Type you choose.
Term:
This Agreement starts (and you accept this Agreement upon the earlier of (i) your signature of this Agreement; (ii) your payment of the Fee; (iii) your entry into the Waiver; and/or (iv) your use of any of our Services. Subject to each party’s right to terminate this Agreement, your Membership will operate for the time period relevant to your Membership Type (Initial Term).
Disclaimer:
Neither we or our Personnel are health professionals, and do not give medical advice, treatment cures or diagnoses. You acknowledge and agree that nothing in the Services may be taken to be medical advice, treatment, cures or a diagnosis by us or our Personnel, nor are they intended to be a substitute for consulting a health professional. You should seek immediate medical attention if you believe you may be suffering from a medical condition, and you agree not to participate in the Services until you have received medical attention from a registered medical practitioner in relation to your medical condition.
Disclosures:
Please read this Agreement carefully before you accept. We draw your attention to:
our Disclaimer in respect of the provision of our Services;
the risk warning in our Waiver which you are required to enter into in order for us to provide the Services;
your obligation to disclose to us and medical conditions which may affect your use of our Services as set out in our Waiver;
our Privacy Policy which sets out how we will handle your personal information;
we may amend this Agreement (including the Services and/or Fees) at any time, by providing written notice to you as per clause 2;
our Fee Schedule which sets out important information about payments and recurring services, including whether you can cancel the Services, our Cancellation Fees and whether any of the Services auto-renew;
if you fail to comply with your obligations under clause 4, we may immediately suspend your access to the Services and/or terminate your Membership;
if you allow entry to our facilities to another person without our consent, we may suspend or terminate your Membership, and you may be liable to pay us a fine;
clause 9 pursuant to which you waive and release us, our affiliates and our Personnel from any responsibility or Liability in connection with the Services to the extent they are a dangerous recreational activity or a recreational service. This release does not apply to significant personal injury caused by reckless conduct by us or our Personnel;
clause 10 which sets out exclusions and limitations to our liability under this Agreement;
your Membership may be subject to a Minimum Period, during which, you will not be able to terminate this Agreement; and
if your Membership is Month To Month, unless your Membership is terminated in accordance with the Terms, on expiry of the Initial Term, your Membership will be automatically renewed for subsequent 1 month periods.
This Agreement does not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
By signing you agree to our terms and conditions.