T&C’s

Welcome to Hoops House! Please read our Terms & Conditions carefully before using our facilities, services, or booking sessions. These terms outline important policies regarding memberships, bookings, cancellations, refunds, and facility use. By engaging with Hoops House, you agree to comply with these terms.

If you have any questions, feel free to contact us.

IMPORTANT NOTICE

This is a membership form under which you agree to become a member, program participant or event participant of Alley Hoops (trading as Hoops House) Pty Ltd. When you sign this form, you are entering into a legally binding agreement.

Your membership is made up of the terms contained in this agreement including the membership details below (details) including any special conditions and the attached Terms and Conditions (Terms).

This agreement sets out your rights to use our basketball facilities and services, and the obligations you have to comply with as a member or participant. Your responsibilities under this agreement, including payment of membership fees, do not depend on how often you use the facilities and services. You promise to tell us if at any time you believe that you may not be able to comply with your obligations under this agreement including the payment of fees, so we can discuss your options.

What is set out in this agreement overrides any statements made by you or us before you signed the agreement. Accordingly, you should now read through this entire form carefully to make sure that it fully reflects your expectations and ask us or seek advice if you are unsure whether any particular statements that you have relied on are part of this agreement.

If your membership is for a Fixed Term, it automatically renews at the expiry of the Minimum Term and so a new agreement will be required if you require services after that time.

If your membership is Ongoing, it is a periodic agreement that will continue after the Minimum Term until either you or we terminate it in the way described in the agreement. If an automatic direct debit arrangement is in place, membership fees will continue to be debited from your credit card or account until you or Provider, cancel's the arrangement by notifying your bank or credit provider. If you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable for damages for breach of contract.

If you a participant in a program or event your commitment is for the duration of that specific program or event. If you don’t abide by the conditions of the program or event or conduct yourself in a manner not described in the agreement, then you may be liable for damages for breach of contract.

This agreement is subject to a 7 Days’ cooling off period for any memberships. This cooling off period does not apply to any programs, events or coaching sessions including but not limited to ‘The Program’ or any other Hoops House organised events.

DIRECT DEBIT WARNING: Please ensure that you cancel any direct debit authorisation for payments under this agreement when your membership ends.

Hoops House

(we, us, our, Service Provider or Gym)

Basketball Training Facility with Recovery, Gym, Co-working and Physio Spaces.

Mailing address : 10 Short St, Brookvale, NSW, 2100

Contact number : 0418859078

Email : tim@hoopshouse.com.au

Cooling Off Period ends

7 Days after the day on which this Membership Form is signed.

Minimum Term

Your membership may be either for a Fixed Term or Ongoing

Start Date

Where applicable, all pre-paid services will commence within 3 months of the payment date. If services are not made available within this timeframe, the agreement will be terminated, and any pre-paid fees refunded pursuant to clause 12.7(f).

Facilities and Services

One or more premises of Provider including all areas such as exercise areas and change rooms (shooting machines, recovery apparatuses and car park etc) as well as all equipment including weights, benches, machines, mats, and any programs, products, classes and services that you can use according to your Membership Type (excluding services provided by outside providers described in clause 15 or other services described in clause 14).

Fees

Membership fees for the

Minimum Term:

Joining fee:                                 $49

Cancellation fee:                      As specified in clause 12.3

Fitness assessment:               $0

Exercise consultation             $0

Child minding    :                         $0

Guest pass       :                          N/A per visit

Suspension fees:                      $10 for each week or part of a week of the suspension

Transfer fees    :                         $49

Other fees        :                          Nil

Payment of membership fees

Direct debit provider

Direct debit services are provided by Glofox Payments www.glofox.com

State/territory

New South Wales (NSW)

Special conditions

1           Parental/Guardian consent and indemnification agreement

2           In the event that the Participant is a minor or an individual unable to enter into a legally binding contract due to mental or physical incapacity, I, the undersigned below, hereby affirm that I am the parent, legal guardian, or custodian of the Participant identified above. I execute this agreement on their behalf.

3           For valuable consideration received, I hereby agree to fully indemnify and hold harmless Hoops House, its owners, directors, instructors, employees, contractors, and agents, from any and all claims, demands, rights of action, or causes of action, whether present or future, known or unknown, arising out of or related to the Participant’s involvement in any activities, classes, or use of Services and facilities at Hoops House.

4           I further agree to all the terms, conditions, and provisions contained in this Liability Waiver and Release Form as if I were the Participant, including but not limited to the assumption of risk, waiver of liability, and any other applicable clauses within this document.

TERMS AND CONDITIONS

1           Plain terms

These Terms use fairly plain language, so we want to make sure that some of the words and concepts used are easily understood. For instance, we have included clause headings as a guide but these do not form part of this agreement. Certain recurring words are defined in the details and elsewhere in this agreement and other forms of those words have equivalent meaning.

2           Cooling off

If you decide to cancel your membership within the 7-day cooling-off period, you must notify Hoops House in writing by email or physical mail to the addresses provided above. Any applicable joining fees and reasonable charges for services rendered within the cooling-off period may be deducted from the refund amount. Refunds will be processed within 14 days of receiving the written notice.

If we make a mistake in completing any details on your membership form, we can fix the mistake within 7 Days after the date of your membership form. We will contact you advising you that this has been done. If we reasonably believe that the subject matter of the mistake was not clearly discussed with you at the time you signed the membership form, we will reinstate any applicable cooling off period.

3           Responsibility for members under 18

This section applies where the member is under 18. By signing on behalf of a child, the parent or guardian agrees to be responsible for ensuring the child exercises safely, pays their membership fees and otherwise follows these Terms.

The parent or guardian who signs this form also agrees to hold the health and fitness business harmless in respect of any claim made by or on behalf of the child against the health and fitness business to the extent that any such claim would have been excluded under this agreement, had the child been an adult and signed this agreement on his or her own behalf.

4           Safety first!

The health and safety of members is important to us. This clause sets out some of the things we require of you to help achieve that objective.

4.1       Your physical condition

(a)        A safe and effective exercise program is dependent upon accurate health and fitness profiling. It is therefore essential that you tell us in writing all relevant personal health and fitness information both before (through our pre-exercise questionnaire or otherwise) and during the course of any exercise program or other activity.

(b)        You promise that information you disclose to us will be true and accurate and not misleading in any way. You must not attend and use the facilities and services whilst you are suffering from any illness, disease, injury or other condition that could present a risk to the health or safety of other members and guests or yourself.

(c)         If you happen to use the facilities and services before disclosing relevant health information to us, you promise that you are in good physical condition and you do not know of any reason why you may not be able to exercise safely. If you feel unsure that you can make this promise, we ask that you do not use the facilities and services until we have completed your health and fitness profile.

4.2       Proper use of equipment

We will provide you with an instructional consultation with a staff member before using the facilities and services which you must attend before use. In any case, you promise to take care when using the facilities and services and make sure that you use the facilities and services including equipment appropriately and safely. If you are ever not sure how to operate any equipment properly, please ask a staff member before you use it.

4.3       Rules of good behaviour

(a)        We display rules that apply to everyone using the Provider's facilities and services in order to promote health and safety and the protection of property (our Rules). A copy of our Rules will be handed to you when you apply for membership and may be displayed on our website and on signage. Please make sure that you read our Rules carefully and ask us if there is anything you are not sure about.

(b)        We may occasionally update our Rules to further promote health and safety or to make other improvements. We will seek to tell you of any changes as set out below, though we expect you to keep familiar with the current version of our Rules by reading our website and signage on a regular basis.

(c)         If you break our Rules, the response we take will be at our reasonable choosing and we will try to exercise this right fairly by giving you a warning if we consider the failure is less serious. In this regard however you acknowledge that health and safety of all users and protection of property is very important. Accordingly, if we reasonably consider the failure to follow our Rules is serious or persistent we may suspend or even cancel your membership with immediate effect.

4.4       We can refuse you entry

We can refuse you entry to the facilities and services or cancel your membership immediately if you behave in a way that is seriously risky or inappropriate, such as if you threaten or harass others, deliberately or recklessly damage equipment or facilities or if you use or distribute illegal or performance enhancing drugs.

4.5       Please follow our directions

You agree to follow any reasonable direction of a member of our staff relating to health and safety or any other matter.

5          Membership categories

Hoops House offers several membership categories to accommodate varying needs and preferences. By selecting a membership category, you agree to the associated terms, conditions, and fees as outlined below. Hoops House reserves the right to update membership offerings and pricing, with any changes to be communicated to existing members at least 30 days in advance.

5.1       The Jordan membership

(a)        Includes access to 7 x 40-minute shooting sessions per week on “THE GUN” machine, 15% off physiotherapy sessions, 7 x Normatec recovery sessions per week, unlimited open court and scrimmage access, gym access, 20% discount on coaching programs and holiday programs, access with Wi-Fi. A complimentary Hoops House reversible singlet is also provided.

(b)        Subscription Options:

(i)          12-Month Term: $39 per week

(ii)         6-Month Term: $59 per week

(iii)        3-Month Term: $70 per week

(iv)       Family Subscription Options (pricing for multiple family members):

(A)        Two Members: $49 per week

(B)        Three Members: $59 per week

5.2       The Curry membership

(a)        Provides access to shooting bays using “THE GUN” with four 40-minute sessions per week, unlimited open court and scrimmage access, access with Wi-Fi, and a complimentary Hoops House reversible singlet.

(b)        Subscription Options:

(i)          Two Sessions Per Week: $24 per week

(ii)         Three Sessions Per Week: $29 per week

(iii)        Four Sessions Per Week: $32 per week

(iv)       Family Subscription Options:

(A)        Two Members, Four Sessions Per Week: $42 per week

(B)        Three Members, Four Sessions Per Week: $52 per week

5.3       The Jackson membership

(a)        Offers unlimited open court and scrimmage access, access with Wi-Fi, and a complimentary Hoops House reversible singlet.

(b)        Subscription Options:

(i)          12-Month Term: $15 per week

(ii)         6-Month Term: $24 per week

(iii)        3-Month Term: $30 per week

(iv)       The Jackson + Gym Add-On Options:

(v)         12-Month Term with Gym Access: $22 per week

(vi)       6-Month Term with Gym Access: $31 per week

(vii)      3-Month Term with Gym Access: $37 per week

5.4       Gym and Recovery membership

(a)        Includes gym access, 10% discount on physiotherapy, access with Wi-Fi, and two Normatec recovery sessions per week.

(b)        Subscription Options:

(i)          3-Month Term: $14.50 per week

(ii)         6-Month Term: $12.50 per week

(iii)        12-Month Term: $9.90 per week

(iv)       Parent of Member (No Lock-In Contract): $9.90 per week

6           We take your privacy seriously

6.1       Our privacy policy

(a)        From when you apply for membership, we will have access to personal information about you, such as information relating to your health and finances. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy. The latest version of the Privacy Policy will be available on our website.

(b)        We collect personal information, including health and contact details, to ensure the safe and effective provision of our services. This information is handled in compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles (APPs) and our Privacy Policy.

6.2       Video monitoring

We may use video monitoring (surveillance) in our facilities for health, safety and security reasons. If you have any queries in relation to the use of monitors operating in and around our facilities, please contact us.

6.3       Please keep your contact details up to date

You promise to tell us promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with us. This includes any matters that affect the health or safety of you or others.

7           Photography and videography restrictions

For the privacy, safety, and comfort of all members, we strictly prohibit any unauthorised photography, videography, or other recording within its facilities. Members must respect the privacy of others and shall not capture or record any images, videos, or audio that includes other members, staff, or visitors without their explicit consent. Authorised photography or videography may be permitted by management in designated areas, provided it does not interfere with other members' use of the facilities. Any breach of this policy may result in disciplinary action, including suspension or termination of membership at our sole discretion.

8           What you get when you join

From the Start Date you are entitled to the membership benefits and use of the facilities and services that apply to the Membership Type you selected.

9         When can you put your membership on hold?

You may temporarily suspend your membership for travel or medical reasons if all amounts payable for your membership are paid up to date. You will need to produce satisfactory supporting documentation when you apply for a suspension. You must apply for a suspension as soon as possible after you become aware of the relevant circumstances. We are entitled to charge you the suspension fee for processing your application. In any 12 month period, we are not obliged to suspend your membership on more than one occasions (but may do so at our sole discretion). While your membership is suspended, the term will be extended and we will freeze any direct debit payments that fall within the suspension period.

10         Ending your membership or renewal

For the purposes of any requirements in this agreement to tell us in writing or give us written notice, we will accept notification by email or post.

10.1     Renewal

Upon expiration of the Minimum Term, this membership will automatically renew on the same terms as your current membership unless written cancellation is provided 30 days prior to the renewal date. Renewals are subject to the prevailing membership fees and terms at the time of renewal.

10.2     On or after expiry of the Minimum Term

(a)        Where neither you nor we terminate this agreement, any unpaid fees will need to be paid by you and in addition to our other rights we may have, including our taking action to recover the outstanding payments.

10.3     Other ways that you can end your Membership

You can also cancel your membership where:

(When no cancellation fee will apply)

(i)          we don’t keep our end of the deal (please see paragraph (a) below);

(ii)         you become subject to medical incapacity (please see paragraph (b) below);

(iii)        we make changes to this agreement that adversely affect you (please see clause 16); or

(iv)       you otherwise become entitled to do so under consumer legislation;

(When a cancellation fee may apply)

(i)          you relocate or simply wish to cancel for any other reason (please see paragraph (c) below).

(b)        If we don’t keep our end of the deal

(i)          You can cancel your membership by written notice to us if we breach any of our obligations under this agreement and we have not remedied that breach within a reasonable time after you have given us a written request that we do so.

(ii)         No fees will be applicable for cancelling in accordance with this clause apart from, to the extent not impacted by our breach, the joining fee, membership fees for the time you have been a member calculated on a pro-rata basis and any outstanding fees for other services already supplied to you.

(c)         You can cancel for medical reasons

(i)          You can end your membership by telling us in writing if you cannot exercise for the remainder of Minimum Term due to an illness or a physical incapacity and you produce supporting documentation to our reasonable satisfaction.

(ii)         In that event, you will only be charged the joining fee, membership fees for the time you have been a member calculated on a pro rata basis and any outstanding fees for other services already supplied to you.

(d)        If your membership is no longer convenient

(i)          Otherwise, you can end your membership during the Minimum Term with immediate effect at any time by simply telling us in writing. We understand that circumstances change and so you do not need to give any reason.

(ii)         Please note we will consider any request to transfer your membership and may agree to the transfer at our reasonable choosing subject to satisfaction of reasonable eligibility conditions and your payment of the transfer fee. We will never charge you cancellation fee if we agree a transfer to someone who is not currently a member and they have paid our standard joining fee.

(iii)        In any case if your membership ends under this paragraph (c), you will be liable for the joining fee, membership fees for the time you were a member calculated on a pro-rata basis, any outstanding fees for other services already supplied to you and, except as mentioned above, the cancellation fee.

10.4     When can we end your membership?

(a)        In addition to our other rights under this agreement, we can terminate your membership by written notice to you if you fail to act in accordance with any obligation under this agreement and if capable of remedy you do not remedy the failure within a reasonable time of us giving you written notice requiring you do so.

However, we will not seek to end your membership in this way if you have failed to make a payment and we are also in breach of a material condition of this agreement. If we cancel this agreement under this paragraph you will be liable for the joining fee, membership fees for the time you were a member, the cancellation fee and any other fees payable for further fitness services already supplied.

(b)        On rare occasions we may cancel a membership by written notice to the member without the need to give a reason. If we cancel your membership under this paragraph you will only be liable for the membership fees for the time you were a member and any other fees for other fitness services already provided. No cancellation fee will apply and we will refund your joining fee together with the sum of $49. You agree that this payment is your sole entitlement to compensation for cancellation of your membership under this paragraph.

(c)         You promise that you are not insolvent at the time of signing and that you will tell us promptly if you believe you will be insolvent and unable to pay your membership fees for an extended period of time. If we become aware of these circumstances, we may end your membership.

11         Booking and attendance

As a member, you agree to book classes and sessions only when you intend to attend. The facilities and resources at Hoops House are provided based on capacity and fair use, and your cooperation in attending booked sessions is required to maintain efficient facility operations.

11.1     Late cancellation and no-show

(a)        If you are unable to attend a class or session for which you have a confirmed booking, you must cancel your reservation at least 24 hours before the scheduled start time (“Late Cancellation Window”).

(b)        Cancellations made within the Late Cancellation Window are considered “Late Cancellations” and will incur a Late Cancellation Fee of $10, which will be automatically charged to your account.

(c)         A “No-Show” occurs if you fail to attend a scheduled class or session without prior cancellation. Each No-Show will incur a No-Show Fee of $10, which will be added to your account.

11.2     Two-strike no-show policy

If you accumulate two No-Shows within a rolling 30-day period, you will be subject to the following measures:

(a)        A warning will be issued upon the second No-Show, informing you of your responsibility to attend scheduled bookings or cancel within the specified timeframe.

(b)        Each No-Show beyond the two permitted within a 30-day period will incur an additional $10 fee per occurrence.

(c)         Consistent failure to attend booked classes or habitual No-Show violations may result in the suspension of your booking privileges, as determined at the discretion of Hoops House management.

11.3     Payment of fees for late cancellations and No-Shows

(a)        Fees incurred from Late Cancellations and No-Shows will be automatically debited from the payment method on file. Hoops House reserves the right to suspend membership or restrict booking privileges if Late Cancellation or No-Show Fees remain unpaid.

(b)        If you believe a fee has been charged in error, you may submit a written request for review to Hoops House management within 7 days of the charge. Management reserves the right to decide on a waiver at its sole discretion.

11.4     Policy changes and member notification

Hoops House may modify the Late Cancellation and No-Show Policy at its discretion to accommodate member usage patterns, changes in capacity, or operational needs. Changes to this policy will be communicated in writing or via electronic notice at least 30 days before taking effect. Your continued membership and use of Hoops House facilities following notice of policy changes constitutes acceptance of the modified terms.

12         Fees you have to pay for your membership

The fees you have to pay are specified in the details. This clause 11 sets out some further rights and obligations that apply in relation to particular fees. If you fail to make any payment when due, we can suspend your membership and refuse you access to the facilities and services until all outstanding amounts have been paid in addition to our other rights under these Terms. Fees and charges continue to accrue during the suspension.

12.1     Joining fee

A one-time, non-refundable joining fee as mentioned in details is charged upon the initiation of a new membership. This fee is non-refundable except under specific circumstances set out in clause 10.3.

12.2     Membership fees

Membership fees, corresponding to the type of membership selected, are payable as per the payment schedule specified (e.g., monthly, annually).

12.3     Cancellation fee

In the event of early termination of the membership, the member may be required to pay a cancellation fee. The cancellation fee will be calculated based on a reasonable estimate of the Gym's loss resulting from the early cancellation, taking into account factors such as the remaining membership term and the Gym's administrative costs. Notwithstanding the foregoing, early termination of membership requires a cancellation fee of $290. However, if the remaining value of your membership is less than $290, the cancellation fee will be limited to the remaining value. This provision complies with the Australian Consumer Law, which prohibits the imposition of unfair contract terms that create a significant imbalance between the parties' rights and obligations.

12.4     Trust account for pre-paid fees

All pre-paid membership fees collected for future services that do not commence immediately upon payment will be held in a trust account in accordance with the Fitness Services (Pre-paid Fees) Act 2000 (NSW). These funds are safeguarded until the commencement of the agreed services.

12.5     Fee adjustments

(a)        Membership fees are fixed for the initial Minimum Term. After this term, fees may be adjusted annually in line with the Consumer Price Index (CPI), capped at a maximum increase of 5% per year. You will receive 60 days’ notice of any adjustment, allowing you to cancel if you do not accept the change.

(b)        Foundational membership exception

The foundational membership is a special offer available to the first 200 members, will maintain a fixed fee for the duration of the 2025 calendar year and will not be subject to CPI adjustments within that period. After the conclusion of 2025, standard membership fees and any applicable CPI adjustments will apply, unless a new special offer is introduced. This foundational offer is not available once fully subscribed.

(c)         This CPI adjustment provision does not apply to any promotional or fixed-rate offers that explicitly state exemption from CPI increases during the offer period.

12.6     Payment of fees

All fees must be paid as scheduled. If fees are unpaid, we may suspend your membership until the outstanding amount is cleared, as well as charge any applicable bank fees incurred due to rejected payments. For any direct debit payments, please refer to the Direct Debit Service Provider’s terms

12.7     Refunds and cancellation policy

(a)        In the event of a refund, we reserve the right to deduct any outstanding amounts owed under this agreement. This membership agreement is for the provision of gym services and does not constitute a credit contract. As such the National Credit Code does not apply to this agreement.

(b)        You may cancel your membership within 7 days of signing this agreement by providing written notice. Upon such cancellation, any fees paid will be refunded after deducting the joining fee and a reasonable amount for any services rendered within the cooling-off period.

(c)         For memberships paid upfront, partial refunds are available only in the following circumstances:

(i)          Medical incapacity: You may terminate your membership if you are medically unable to continue, subject to the provision of satisfactory medical documentation. In such cases, a pro-rata refund of unused membership fees will be issued after administrative costs have been deducted.

(ii)         Significant hardship: In cases of significant personal hardship (e.g., relocation due to work or family circumstances), you may apply for early termination with appropriate documentation. Refunds will be calculated on a pro-rata basis, deducting fees for the period already used.

(d)        Refunds shall not be granted for change of mind, non-usage, or personal preference after the commencement of the membership term.

(e)        You may request a temporary suspension of your membership for medical or travel reasons, subject to submission of supporting documentation. Suspensions are subject to a fee of $3 per week. Suspension does not alter the original Minimum Term but may result in a proportional extension of direct debit payments.

(f)          In the event that the services do not commence within 3 months, this agreement is automatically terminated, and a full refund of pre-paid fees will be issued if applicable.

(g)        No refunds are provided for events including but limited to ‘THE PROGRAM’ or any other coaching camps, clinics, events hosted by Hoops House. Credits may be provided at Hoops House sole discretion.

13         Issues with outside providers

(a)        We will seek to make sure those franchisees, contractors and other authorised persons who provide services at the facilities (outside providers) are appropriately qualified before granting them access. Examples of outside providers include such as coaches, physiotherapists, masseurs and personal trainers who may offer additional services from the facilities that are not included with your Membership Type. Please note that outside providers are neither employed by us nor are they our agents, even if they happen to be wearing clothes displaying our name and logo. You will know that they are outside providers because they will require payment of their fee direct from you when you engage them.

(b)        This is important because we are not liable for any injury, loss or other claims arising from breach of contract, negligence or otherwise that are suffered by you in connection with any outside provider services, other than to the extent caused by our negligence. In addition, you release us and hold us harmless in relation to any such claims.

(c)         We have no responsibility in respect of the fees that you must pay directly to outside providers nor for any associated costs or refunds. However, please advise us if you have a problem with an outside provider and we will try to help if we can. Nothing in this clause limits our liability for the actions of our employees or agents.

14         Other services

There may be other services offered at the facilities that do not form part of your Membership Type but are available for you to purchase separately. These are not part of the services provided under your membership and you will be advised at the time if any additional terms apply to these services.

15         Services Provided by Third-Party Providers

We collaborate with third-party service providers for additional services, such as physiotherapy and personal training. These providers are independent contractors and are neither employees nor agents of Hoops House. Hoops House is not liable for injuries, losses, or claims arising from third-party services, except as required by law.

16         Changes to your membership agreement

(a)        We may need to make changes to this agreement including our Rules during your membership. However, we will always try to do this in a way that is fair by giving you an opportunity to cancel your membership if you do not agree to the change as described in this clause below.

(b)        We will tell you in writing of the proposed change in advance and tell you the date that it will come into effect. This effective date will be at least 30 days from the date of our notification unless it is impractical for us to do so. Your membership will be amended with effect from the effective date. If however, you are adversely affected by the change, you may cancel your membership without payment of a cancellation fee by telling us in writing before that date. Please note you cannot cancel under this clause if we are required to make the change in order to comply with a law or any direction of a competent authority.

17         Guarantees and warranties

Guarantee of Services and Disclaimer of Specific Results: The Gym guarantees that it will provide access to its facilities, equipment, and classes as described in the membership agreement. The Gym further guarantees that all equipment will be properly maintained and in good working condition, and that classes and services will be conducted by qualified instructors and staff. However, the Gym does not guarantee any specific results from the use of its facilities, equipment, or services, including but not limited to specific fitness outcomes or weight loss. Members acknowledge and agree that individual results may vary and are dependent on various factors such as personal effort, consistency, and other individual circumstances.

18         Limitation of liability

(a)        Liability under this clause includes all claims arising from or related to this agreement, including those in contract, tort (including negligence), and misrepresentation.

(b)        Our total liability for any claims under this Agreement is limited to the total membership fees paid by the member. If this liability cap is insufficient, liability is further limited to the maximum amount recoverable under our insurance policy.

(c)         Hoops House shall not be liable for any indirect, incidental, or consequential losses, including but not limited to loss of profits, revenue, goodwill, or anticipated savings.

(d)        Nothing in this agreement limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot legally be excluded.

(e)        Members must notify Hoops House in writing of any claims within 3 months of the event giving rise to the claim, detailing the nature of the claim and grounds.

19         Statutory guarantees

(a)        ACL: The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (statutory guarantees) which generally require that services supplied to you:

(i)          are rendered with due care and skill,

(ii)         are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier and

(iii)        are supplied within a reasonable time (when no time is set).

(b)        Permitted exclusion: However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those statutory guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee.

In the previous sentence, “injury” means:

·       physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

·       the contraction, aggravation or acceleration of a disease; or

·       the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.

(c)         Reckless conduct: This exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).

20         General exclusions

(a)        Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a statutory guarantee) which cannot lawfully be excluded, restricted or modified.

(b)        Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:

(i)          negligence; or

(ii)         breach of terms implied that services will be provided with reasonable care and skill,

(c)         at common law that in either case results in your death or injury (as defined in paragraph (a) above) in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.

21         Safety and facility maintenance

(a)        Hoops House provides a safe, well-maintained environment for all members and guests. Our safety measures and protocols are designed to minimise risks and ensure a secure facility, including but not limited to the following:

(i)          Court and equipment safety

(A)        All courts are designed with generous run-off areas to provide additional space around the playing area, reducing collision risks and enhancing player safety.

(B)        Netting is installed around all courts to contain stray balls, reducing the risk of accidental contact and injury to bystanders.

(C)       All courts are surfaced with International Basketball Federation (FIBA) approved flooring, designed to reduce impact and support safe athletic performance. The flooring is routinely inspected and maintained to ensure consistent quality and safety.

(ii)         Routine inspections and maintenance

(A)        Regular safety inspections are conducted across all facilities, including courts, gym areas, physiotherapy rooms, and locker rooms, to identify and address any potential hazards or maintenance needs without undue delay.

(B)        Equipment and surfaces undergo frequent checks for wear and damage, with immediate repairs or replacements carried out as necessary to maintain safe use standards.

(C)       Hoops House staff are trained to monitor equipment and facility conditions, and members are encouraged to report any hazards they observe.

(iii)        Emergency protocols and accessibility

(A)        Hoops House is equipped with emergency exits, fire extinguishers, first aid kits, and clearly marked safety signage throughout the facility. Staff are trained in emergency procedures to assist members in the event of an incident.

(B)        Accessible facilities, including ramps and designated parking, are available to accommodate members with special needs, ensuring a safe and inclusive environment.

(b)        Member responsibility

(i)          Members are expected to exercise caution when using all facilities and to adhere to posted guidelines and instructions for the safe use of equipment. Members should report any unsafe conditions or injuries to Hoops House staff immediately.

(ii)         To prevent accidents, members must refrain from using courts or equipment under conditions that could compromise safety, such as wearing inappropriate footwear or using equipment improperly.

(c)         Hoops House upholds high standards of cleanliness throughout all areas, including gym spaces, physiotherapy rooms, toilets, showers, and accessible facilities. This commitment extends to regular cleaning and sanitisation of high-contact amenities such as water dispensers and bubblers. Members are encouraged to report any maintenance or hygiene issues for immediate attention.

(d)        We may provide access to third-party amenities, such as vending machines, for member convenience. These amenities are operated by independent providers, and Hoops House disclaims any liability for issues, damages, or injuries resulting from their use. Members should direct any questions or concerns regarding these services to the respective third-party provider.

22         Loss of property

(a)        You promise that you will not unnecessarily bring valuables in to the facilities and that if lockers are available you will use the lockers to store any valuable property that you bring with you. If we provide secure storage lockers, then this is part of our service to you. However, we are not responsible if someone breaks into your locker and takes your property, other than to the extent we have not complied with our obligations in respect of this service under a statutory guarantee.

(b)        Other than as described above, maintaining the security of unattended property in the facility is not part of the service we provide under this agreement. Accordingly, if you choose not to use a locker to securely store your property and leave it unattended in the facilities, we will not be responsible for any loss or damage to your property that occurs.

23         Your responsibility for damage

You agree to pay for any damage to the facilities caused by you or your guests through a wilful act or negligence.

24         When you pay by direct debit

24.1     Authorisation to deduct fees

By nominating a credit or debit account, you are authorising us to deduct from that account all fees and other charges for which you may be responsible under this agreement. Accordingly, it is essential that you keep your account details up to date.

24.2     If your payment is late or rejected

(a)        You are responsible for making sure that there is enough money in your nominated account on the usual payment day or the next working day if that falls on a day when banks do not process payments.

(b)        Any bank fees charged to us because of a rejection when we attempt to collect payments from you may be charged directly to you by us (or by the Direct Debit Provider).

(c)         If a payment remains outstanding, you agree that, unless we are in breach of our obligations under these Terms, we (or the Direct Debit Provider) may continue to debit the nominated account for the total amount due without notice to you. If the amount owing is more than one periodic membership fee we will seek to contact you first.

24.3     Direct debits

(a)        If you choose to pay fees by direct debit, then this will be through the Direct Debit Provider named in the details. The Direct Debit Provider may be us (if we are authorised) or a third party provider who is not a party to this agreement and whose only role is to provide direct debit services.

(b)        We will provide you with a copy of the terms and conditions that apply to the direct debit services. Those terms and conditions are entirely separate to this agreement and you may have rights and obligations under those terms and conditions. As such, the Direct Debit Provider acting in its capacity as such has no liability to you in connection with your involvement in exercise activities under this agreement.

(c)         You may at any time contact the Direct Debit Provider if you have any queries or to verify your direct debit authorisation details.

(d)        Membership fees may include a fee payable for the service provided by the Direct Debit Service Provider.

24.4     Dispute resolution

(a)        In the event of a dispute arising out of or in connection with this agreement, both parties agree to first attempt to resolve the dispute through good faith negotiations. Either party may initiate the negotiation process by providing written notice to the other party detailing the nature of the dispute.

(b)        If the dispute is not resolved within 14 days of initiating negotiations, either party may request that the matter be referred to mediation. The mediation shall be conducted by a mediator agreed upon by both parties. If the parties cannot agree on a mediator within 7 days of the request, a mediator will be appointed by the Australian Disputes Centre. The costs of the mediation shall be borne equally by both parties.

(c)         During any dispute resolution process, both parties agree to continue fulfilling their obligations under this Agreement to the extent practicable, except where the nature of the dispute prevents such performance.

(d)        This clause does not restrict either party's right to seek urgent injunctive relief where such action is necessary to prevent irreparable harm.

25         General terms

25.1     Unexpected events

We are not liable if you cannot use your membership due to anything beyond our reasonable control. If that failure or delay continues for more than 30 days, then either you or we can cancel this agreement with immediate effect by telling the other in writing. We are entitled to make part or all of the facilities unavailable for up to two weeks during each calendar year to undertake maintenance, repairs or improvements, in which case we will extend your membership by the time you are unable to use the facilities.

25.2     Our logo and intellectual property

No rights in relation to our logo, trademarks or any other intellectual property rights associated with our business, techniques, exercise programs or classes are granted to you under this agreement, except that any exercise program created for you may be used while you are a member for the purpose of your exercise activities.

25.3     Transferring this agreement

We can transfer the rights or benefit under this agreement or sub-contract our obligations under this agreement to a third party at any time without notice to you but in doing so we will make sure that the transferee agrees to honour the terms of your membership.

25.4     Severability and waiver

If a court finds that any part of any term of this agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this agreement. If we do not enforce our rights under this agreement at any time, it does not mean that we may not do so on future occasions.

25.5     Entire agreement

This agreement, including all terms, conditions, and waivers, constitutes the entire understanding between you and Hoops House and supersedes any prior agreements or representations. Any changes to this agreement shall be in writing and agreed upon by both parties.

25.6     Applicable law

The law of the State/Territory specified in the details applies to this agreement.

25.7     Liability waiver and release form

As a condition of membership, all members are required to review and sign the attached Liability Waiver and Release Form, which forms part of this agreement. The Liability Waiver and Release Form outlines important terms regarding assumption of risk, medical clearances, and limitations of liability. By signing this membership agreement, you acknowledge that you have read and agree to the terms of the Liability Waiver and Release Form.

Attachment 1                                Liability Waiver and Release Form

Important notice: The following pages affect your legal rights and obligations. Please read these carefully and only sign if you fully understand their contents. For participants under 16 years of age, these documents must be completed by a parent or legal guardian.

Acknowledgment of risk

I acknowledge that my participation in the basketball facility and any other fitness-related activities offered by Hoops House (the “basketball facility”) involves inherent risks. These risks include, but are not limited to, the risk of physical injury, illness, or even death. I understand that these risks may arise from various factors including, but not limited to, the use of equipment, the nature of the exercises, and the actions of other participants.

Medical clearance and pre-existing conditions

I confirm that I am in good physical health and do not suffer from any condition that might make participation in basketball training or other fitness activities unsafe. I understand that Hoops House and its staff are not medical professionals and cannot provide medical advice. If I have any health concerns or pre-existing injuries, I will obtain medical clearance from a healthcare provider before participating in any activities at Hoops House. I acknowledge that if I continue to participate in classes with a pre-existing condition that has not been disclosed to Hoops House, I do so at my own risk, and Hoops House disclaims all liability.

Assumption of risk

I voluntarily assume full responsibility for any risks, injuries, or damages that I may incur as a result of participating in activities at the basketball facility or other activities at Hoops House. This includes risks associated with the improper or unsafe use of equipment, engaging in activities not intended or recommended by the facility, instructors or failing to follow instructions or abide by House Rules. I understand that Hoops House will not be liable for any injury, illness, or death resulting from my participation, except in cases of gross negligence by Hoops House.

Emergency Medical Assistance

I acknowledge that in the event of a medical emergency, Hoops House and its staff may need to provide immediate first aid or seek emergency medical assistance on my behalf. I authorise Hoops House and its instructors, employees, or agents to administer basic first aid as deemed necessary for my safety and well-being during a class or session. I understand that while Hoops House’s staff are trained in basic first aid, they are not medical professionals. Therefore, I consent to Hoops House seeking emergency medical services, including calling an ambulance, if they believe it is necessary due to an injury or medical condition I experience while on the premises. I agree to bear any costs associated with the emergency medical treatment, including but not limited to ambulance services or hospital fees, and I understand that Hoops House is not liable for any outcomes resulting from emergency first aid or medical treatment provided or sought on my behalf.

Equipment usage

I agree to use the equipment provided by Hoops House according to:

(a)        the instructions given by the staff and/or instructors

(b)        the House Rules displayed around the facility

(c)         the terms I signed in executing my subscription with Hoops House.

I understand that The Gun 10K machines and all other equipment are to be used strictly for their intended purposes during scheduled bookings, and only under the supervision or authorisation of a qualified instructor or staff member. I acknowledge that any use of the machines outside of my designated time is prohibited. I agree that I will not use the equipment for non-exercise purposes, including but not limited to, posing for photographs, recording social media content, or any other activity that could lead to improper use and potential injury. I understand that any breach of this policy may result in immediate termination of the session and potential removal from Hoops House. I understand that improper or unintended use of equipment may result in injury, and I accept full responsibility for any injury or damage that may occur as a result of my misuse of the equipment.

Consideration of Privacy

I agree to be respectful of the privacy of other participants and or members of Hoops House. I understand that taking photos or videos during fitness sessions or activities should not interfere with the comfort, privacy, or experience of others. I will not capture images or recordings that include other participants without their express consent. I acknowledge that any images or recordings must be handled in accordance with Hoops House’s Privacy Policy and applicable privacy laws. I acknowledge that Hoops House reserves the right to prohibit any photography or videography that it deems intrusive or inappropriate, and to take necessary actions, including requesting the deletion of such content or removal from Hoops House premises, to protect the privacy and well-being of all participants.

Waiver of liability

To the fullest extent permitted by law, I hereby waive and release any and all claims, causes of action, or demands of any kind against Hoops House, its instructors, employees, and agents arising out of or in connection with my participation in the activities provided by Hoops House. This waiver applies to all claims, whether they arise from my own negligence, breach of contract, or breach of statutory duty, including but not limited to injuries caused by slips, falls, or misuse of equipment. However, this waiver does not apply to claims arising from the gross negligence of Hoops House.

Exclusion of liability under the Civil Liability Act 2002 (NSW)

I acknowledge that under the Civil Liability Act 2002 (NSW), certain rights may be excluded or modified in relation to recreational services. By signing this waiver, I agree that the statutory guarantees under the Australian Consumer Law do not apply to the extent permitted by law. This means I may not have the right to sue Hoops House for losses or damages arising from my participation in the activities, except in cases of gross negligence.

Waiver of liability for equipment maintenance and use

I acknowledge that Hoops House maintains its equipment to a high standard; however, I understand that normal wear and tear may occur. I agree to use all equipment as instructed by Hoops House's instructors and staff and accept full responsibility for any injury or damage resulting from the improper use or failure to follow the provided instructions. I further agree that Hoops House is not liable for any injuries or damages caused by the condition of the equipment due to normal wear and tear.

Acknowledgment of equipment-specific risks

I acknowledge that The Gun 10K shooting equipment (the “Shooting Equipment”) is designed for high-repetition basketball shooting drills and that its use involves inherent risks distinct from general basketball activities. These risks may include, but are not limited to, physical strain, overuse injuries, contact with moving mechanical parts, and potential malfunction of the Shooting Equipment. I understand that these risks can result in physical injury, illness, or even death, and I accept full responsibility for any injury or damage arising from the use of the Shooting Equipment.

Assumption of risk for The Gun 10K shooting equipment

I voluntarily assume full responsibility for any risks, injuries, or damages that may result from my use of the Shooting Equipment. This includes risks associated with incorrect use, failure to follow instructions provided by Hoops House staff, and potential injuries due to equipment operation, including repetitive motion injuries. I understand that Hoops House disclaims liability for injuries or damages caused by my use of the Shooting Equipment except in cases of gross negligence.

Waiver of liability for equipment malfunction

I acknowledge that while Hoops House takes steps to maintain the Shooting Equipment, malfunctions or technical issues may still occur. I understand that by using the Shooting Equipment, I accept the risk of any injuries or damages that may result from such malfunctions. I hereby waive and release Hoops House from any liability arising from malfunctions or defects in the Shooting Equipment, except in cases of gross negligence by Hoops House.

Usage guidelines for The Gun 10K Shooting Equipment

I agree to use the Shooting Equipment only under the supervision of qualified Hoops House staff and according to all instructions provided. I understand that I am prohibited from tampering with, modifying, or using the Shooting Equipment in any manner not intended or authorised by Hoops House. I acknowledge that failure to adhere to these guidelines may result in immediate removal from the facility and liability for any resulting damages.

Waiver of indirect or consequential damages

To the fullest extent permitted by law, I waive any claim against Hoops House for indirect, incidental, special, or consequential damages, including but not limited to, lost profits, lost opportunities, or other economic losses, arising out of or in connection with my participation in any activities or use of facilities at Hoops House, even if such damages result from Hoops House's negligence.

Safety and conduct

I agree to adhere to all safety guidelines and instructions provided by Hoops House, including the requirement to wear appropriate sports attire and non-marking footwear. I understand that failure to comply with these safety measures may result in my exclusion from the facility, and I accept full responsibility for any injuries that may occur as a result of non-compliance.

Cancellation, rescheduling, and refund policy

I acknowledge that Hoops House has a cancellation, reschedule, and no-show policy for all training net and court bookings. If I cancel within this time frame or fail to show up, I understand that I will forfeit the booking or be charged a late cancellation fee. All sales are final, and no refunds will be issued for seasonal passes, memberships, or other Services due to dissatisfaction, changes in personal circumstances, or failure to attend classes, except as required under Australian Consumer Law. If the Services provided fail to meet the consumer guarantees under the Australian Consumer Law, you may be entitled to a remedy. By purchasing our Services, you agree to this policy.

Entire agreement and severability

This Liability Waiver and Release constitutes the entire agreement between Hoops House and me concerning the subject matter herein. If any provision of this Waiver and Release is found to be unenforceable, the remaining provisions will remain in full force and effect. Any prior agreements, representations, or understandings, whether written or oral, relating to the subject matter of this waiver are hereby superseded.

No Guarantee of results

I acknowledge that Hoops House does not guarantee any specific results or outcomes from my participation in and use of facilities of Hoops House. I understand that individual results may vary, and that the success of any fitness program depends on many factors, including but not limited to, my dedication, consistency, and adherence to the program.

Third-party services

I acknowledge that from time to time, Hoops House may offer services provided by third-party vendors, instructors, or contractors. I agree that Hoops House is not liable for any acts, omissions, or errors made by these third parties, and I release Hoops House from any liability arising from the use of third-party services, including any injuries or damages resulting therefrom.

Assumption of risk for communicable diseases

I acknowledge that by attending Hoops House, I may be exposed to communicable diseases, including but not limited to COVID-19, which may result in serious illness or death. I voluntarily assume all risks related to exposure to communicable diseases and agree that Hoops House is not liable for any resulting illness, injury, or death.

Personal property

I acknowledge that Hoops House is not responsible for the loss or damage of any personal property brought into Hoops House. I agree to take all necessary precautions to safeguard my belongings while at Hoops House.

Minors and special populations

I understand that minors under the age of 16 may not participate or use facilities offered within the Hoops House premises without written consent from a parent or guardian. Additionally, if recommended by an Allied Health Professional, a minor may attend and utilise the facility with the necessary documentation. Hoops House reserves the right to request proof of medical clearance or professional recommendation from any participant.

Media release

I grant permission for Hoops House to use any photographs or video recordings taken during my time within the facility for marketing and promotional purposes, without compensation or the need for further consent.

Consent and signature

By signing below, I confirm that I have read, understood, and agree to the terms of this Liability Waiver and Release. If I am under 16 years of age, this waiver must consented to by my parent or legal guardian.

Medical history

1.2       The following conditions could affect your ability to exercise and perform certain movements. It is your responsibility to notify Hoops House by email (info@hoopshouse.com.au) prior to committing to any membership, program and activity of any pre existing conditions that may inhibit your ability to use any aspect of the facility.

High Blood Pressure or Heart Palpitations           

Heart Disease/Family History Heart Disease

Stroke/Family History of Stroke

Osteoporosis/Osteoarthritis

Asthma/Difficulty Breathing/Shortness of Breath

Liver Disease or kidney disease

Diabetes

Epilepsy or Dizzy or Fainting Spells

Hypoglycaemia or Thyroid Problems

Cancer

Scoliosis

Fibromyalgia

1.3       Are you under a doctor’s care for any specific chronic illness, pain or injury? If so, it is your responsibility to notify Hoops House by email (info@hoopshouse.com.au) prior to commencing any program, activity or membership.

1.4       Do you periodically or chronically have pain in any of the following areas (please check all that apply to you)? If so it is your responsibility to notify Hoops House by email (info@hoopshouse.com.au) prior to commencing any program, activity or membership.

1.5        

LOCATION        

 Upper Back     

 Mid Back

 Low Back

 Shoulder

 Neck

 Hip

 Knee

 Foot

 Sciatic

1.6       Please notify Hoops House by email (info@hoopshouse.com.au) if you have any other medical/physical circumstances or accidents you have had that could impact your participation in an exercise program at the Hoops House facilities.