NOTE: All participants must do their best to sell 20 tickets to the Black Tie Event as a condition of enrolling in the Fight for a Cause program
MEMBERSHIP AGREEMENT, WAIVER AND RELEASE OF LIABILITY
Pretty Boy Events Pty Ltd (PBE) and {name} (the Member)
PBE strongly recommends that you clear your participation in any new exercise program with your physician.
Services Provided
PBE's obligations hereunder and the undersigned Members' membership are conditioned upon the following:
(i) Member executing this Agreement and as designated; and
(ii) Member otherwise complying with this Agreement (including, without limitation, the PBE Way as defined below)
For purposes of the foregoing conditions, the term "member" shall include each individual ( i.e., spouse and children) included in a membership. Conditioned on the foregoing, operating hours, as established from time to time, and (b) participate in any one or more classes or programs offered by PBE from time to time.
This is not an “open gym” format. By class training, unless otherwise noted.
The training facility is currently hosted by Fortitude Boxing, located at 68 Abbotsford Road, Bowen Hills QLD 4006. PBE reserves the right to change the location of the training facility in its reasonable discretion, including to another location hosted by Fortitude Boxing or to another gym.
In exchange for being a Member, you will be entitled to general membership of Fortitude Boxing for the duration of the program. This is conditional upon you agreeing to any usual waivers and releases that Fortitude Boxing requires any new members to sign.
PBE, either directly or through its contractors, employees or consultants, will deliver a 10 week boxing program designed to train people with little or no boxing experience to be ready for an corporate boxing bout at the end of the ten week program. The program will be delivered through three classes per week for the duration of the program.
The Member acknowledges that their participation in the weekly classes is essential to them being in a position to have the skills to safely and effectively participate in the corporateboxing bout.
The boxing bout will be hosted as part of a Black Tie event. The event is to be held on or around the end of Week 10 at:
- the Royal International Convention Centre, RNA Showgrounds, 600 Gregory Terrace, Bowen Hills QLD 4006; or
- Fortitude Music Hall, 312-318 Brunswick St, Fortitude Valley QLD 4006,
or another venue of PBE's choosing. The time, date and venue are subject to change at the reasonable discretion of PBE, including due to COVID.
The event may be either a day session or a night session at the discretion of PBE.
PBE reserves the right to terminate this agreement if it is unable to obtain sufficient member registrations to make the program commercially viable, in which case all funds will be refunded to the Member.
Sale of tickets
The Member acknowledges that the pricing of the membership and the success of the Black Tie Event are based upon the Member use their best eneavours to cause 20 tickets to be sold for the Black Tie Event.
The cost of tickets is $250 for standard and $300 for ringside. Each ticket includes a two course meal and 4 hour alcohol and drinks package.
Where general admission tickets are made available, they will not include food or drinks. Pricing will be at the discretion of PBE from time to time.
The Member agrees:
- to have the first ten tickets sold on or before the end of the third week of the program;
- if the first ten tickets have not been sold by the end of the third week of the program, then the Member authorises PBE to debit the nominated account or payment method $500 per week until the whole amount of the tickets has been paid to PBE at any point;
- to use their best efforts to have a further ten tickets sold on or before the sixth week of the program;
- if the further ten tickets, being 20 in total, have not been sold by the end of the sixth week of the program and the Member has not provided PBE with evidence that they have genuinely tried their best to sell the tickets, then the Member authorises PBE to debit the nominated account or payment method $750 per week until the whole amount of the second table has been paid to PBE at any point; and
- any payments made to PBE by the Membership in accordance with this clause will entitle the Member to those tickets to the Black Tie Event and the Member will be entitled to sell or gift those tickets as it desires (ie the Member still gets 20 guests at the Black Tie Event).
PBE reserve's the right to withdraw the Member from the program if the above conditions are not met.
Fight
The nature of fighting is that your opponent may drop out last minute or there may not be a suitable opponent in the program. You acknowledge that there is always a chance you will not be able to fight at the event due to this. If this occurs, PBE will use its best endeavours to organise a fight at the next Fight for a Cause event if you choose to do so.
It is an essential component of the program that the Member attends at least two of the three training sessions per week on average and actively participates. This is to ensure that the Member has sufficient skill and fitness to participate in the fight in Week 10 and also to ensure PBE has appropriately assessed the skill level of the Member to allow for appropriate match making.
PBE reserves the right to remove the Member from the program if the Member is not attending at least two Fight for a Cause sessions per week without the written approval of PBE.
Hours of operation:
The hours of operation are as outlined in the timetable published at fightforcause.com.au and/or fortitudeboxing.com.au from time to time. The hours or operation and available of classes is subject to reasonable change, including due to COVID restrictions.
Membership Payment
All fees and schedules are subject to change without notice. There are no refunds for membership fees, other than as may be required under Australian Consumer Law.
Members will be charged a failed payment fee of $10 for any debits that are returned by their financial institution as unpaid or dishonoured.
Membership fees are processed by Stripe. Members agree to the terms and conditions published by Stripe from time to time: https://stripe.com/en-au/ssa
Compliance with Rules
Member shall abide by all membership and facility rules and regulations established by PBE, which may be posted at the facility, provided in writing, or issued orally and which may be amended from time to time in the sole discretion of PBE (collectively, "The PBE Way"). I agree that improper or unauthorized use of the facility or violation of the PBE Way may result in member suspension or cancellation at PBE's discretion.
General
This Agreement and the PBE Way represent the complete understanding between Member and PBE. No representations, written or oral, other than those contained in this contract are authorized or binding upon PBE. Member understands that they are obligated to pay the membership fee regardless of whether Member uses the facility or becomes injured. Member agrees to promptly notify PBE in writing of any changes of address, e-mail, phone, and/or billing information. At the end of the term of this membership contract, it shall cease.
Cancellation Rights
This agreement is a commitment for the membership period and cannot be cancelled before the expiry of that period.
Photo and Video
Members of the program are actively encourages to share updates on social media and other platforms, and PBE does the same.
The Member agrees to PBE, or any of its other entities or related companies, using any photos, videos or other recordings of the Member participating in the program or the Black Tie Event. PBE reserves the right to use these images or recordings for commercial purposes without payment.
Waiver and release
I, the Member, wish to participate in physical training sessions instructed by experienced trainers for the Fight for a Cause program. PBE agrees to allow my participation on the following conditions and by using any of the facilities, I agree to these conditions:-
- I am fully aware some of the fitness sessions are of a nature and kind that are extremely strenuous and will push me to the limits of my physical abilities.
- I am, by the terms below warned of and fully aware that there are significant risks involved in any physical training regimen, which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems, which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. Injury may also result simply from the fact of physical training itself.
- I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with PBE.
- In consideration of the above mentioned, and any assumed or implied, risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities made available by PBE, and with my full understanding of all of the above, to the extent permitted by law I hereby waive, release and discharge PBE, its agents, contractors partners, employees and volunteers, of any and all liability, claims, demands, action or rights of actions howsoever arising, or damages of any kind related to, arising from, or in any way connected with, my participation in the Fight for a Cause program/in this activity, including those attributed to any negligent acts or omissions of the above mentioned parties.
- To the extent permitted by law PBE, its employees, contractors directors and agents are not liable to me, my dependants or legal representatives for personal injury or death suffered by me because the recreational activities were not supplied with due care and skill or were not reasonably fit for their purpose or because of negligence, breach of contract, statute or statutory duty by PBE.
Medical clearance
Each Member must comply with the reasonable directions of PBE, Fortitude Boxing and any venue or sanctioning body. This includes a requirement for each Member to obtain a serology and fitness clearance before being able to fight.
Protective equipment
PBE will provide gloves, wraps and headgear to all fighters for training and also supply different gloves and headgear for the fight.
Members will be responsible for obtaining their own mouth guards and boxing shoes. Note that most sanctioning bodies will not allow red mouth guards.
Refunds/withdrawal from the program
The Member acknowledges that the membership fee is predominately a cost recovery of amounts paid to external suppliers for fight kit and 10 weeks of training.
Members may drop out of the 10 week program at any time and for any reason. Subject to any refund required by law, a refund will not be provided for withdrawal from the program for any reason (including where PBE withdraw the Member in accordance with this agreement).
Where the Member has guests that have purchased tickets to the Blake Tie Dinner, then these tickets will not be refunded if the Member withdraws from the program, unless otherwise required by law.