Injury Waiver

The Good Culture Club (GCC) activities, whilst care is taken, are not without risk which you accept, and in turn indemnify in full, on a solicitor and client basis, GCC, it’s owner, employees, contractors, instructors, agents and nominees against all liabilities, damages and costs arising from BML activities. This includes but is not limited to, liabilities arising from any cause such as negligence, contract, statute including the Civil Liability Act 2002, tortious or common law for any injury, death, loss, property damage or expense arising out of or sustained to you or I cause, in the course of my or my Minor’s participation in the activities and programs offered by GCC or in relation to any activities, including to any party. Such activities may include yoga, pilates, meditation, classes or any other online activity. I also confirm that my health is sufficient, and has no illness, injury or ailments which will prevent participation in GCC activities in a safe manner without risk to me. I assume full responsibility for any and all damages, which may incur through participation. I understand that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. By agreeing to this waiver, I affirm that a licensed physician has verified my good health and physical condition to participate in such a fitness program, if required. In addition, I will make the instructor aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant or I am post-natal or post-surgical, my agreement verifies that I have my physician’s approval to participate.

I also affirm that I alone am responsible to decide whether to practice yoga and participation is at my own risk. I hereby agree to irrevocably release and waive any claims that I have now or may have hereafter against GCC yoga studio and all related facilities and premises for any personal injury or negligence. Additionally, the facility, instructor and GCC yoga studio are not in any way responsible for any loss or damage of my personal property.

I recognise that this Agreement and Release and Waiver is a legal instrument and that it is intended to be as broad and inclusive as permitted by Australian law. By viewing a class video, this signifies that you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Video and stop all actions. You recognise that by viewing a video, you are waiving certain legal rights, including the right to sue and assume all aspects of the risks involved on behalf of yourself.

About the Website 

Welcome to Good Culture Club (the ‘Website’). The Website facilitates interactions between: (a) Student, Individual or Organisation (the ‘Receiver’); and (b) Teacher, Mentor, Individual or Organisation (the ‘Provider’), making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services’). The booking component of GCC is facilitated by Momence, Inc. Access to and use of the Website, or any of its associated products or Services, is provided by Momence, Inc. Please read these terms and conditions (the ‘Terms’) carefully.

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately. GCC reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GCC updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1. Acceptance of the Terms You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by GCC in the Momence, Inc user interface.

2. The Services

   1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Momence, Inc platform.

   2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: i Email address ii Preferred username iii Password iv Credit Card

   3. You warrant that any information you give to Momence, Inc in the course of completing the registration process will always be accurate, correct and up to date.

   4. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. e. You may not use the Services and may not accept the Terms if:

      1. you are not of legal age to form a binding contract with Momence, Inc; or

      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3. Booking Terms

   1. Bookings are essential in order to secure your spot. Please keep in mind, we cannot guarantee you will get a spot if you show up without a booking. 

   2. Drop-in class: To attend a casual class, the fee is $20 per person. In order to book, you will be required to provide credit or debit card details and consent to your card details being stored (with SSL encryption) on the Momence, Inc platform, which facilitates all GCC bookings. The fee is required upfront prior to confirmation of booking and attendance of a class.

   3. Intro Offer - $50 for 14 days unlimited: For new students only – strictly 1 Intro offer per person. Valid for 14 days from purchase date. This pass is available as an introduction to the GCC studio and therefore cannot be purchased after other memberships/passes (such as a 10 class pass) is purchased. All classes on the latest timetable will be open to book under the intro pass. Workshops and special events not included. In unforseen circumstances that prevent using the pass for a significant period of the 14 days, please contact GCC to request an extension.

   4. 10 Class Pass: Purchase of a 10 class pass for $170 entitles you to redeem 10 class attendances. Valid for 6 months from purchase date. This pass is non-refundable and non-transferable. No extensions or suspensions available. You may use the pass to book additional people into classes, with Momence, Inc allowing multiple bookings under the same name, using the 10 class pass pack if selected.

4. Payment

   1. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

   2. GCC’s use of consumer data and details via the Momence, Inc booking platform is for the sole purpose of scheduling and booking classes, and the sale of drop in classes or workshops, packs, subscriptions & memberships. At no point will GCC authorise or charge an amount to consumer credit cards without explicit consent of the consumer. All pricings are transparent on the Website and Momence platform, with the only authorised transactions pertaining to the aforementioned fees for Services offered by GCC.

5. Cancellations

   1. GCC has a strict 1 hour cancellation window, if you are not able to attend your booking please cancel at least 1 hour prior to your class start time. We understand that life can be unpredictable which is why our 1 hour window is in place to give you plenty of time to make changes to your booking.

   2. All class cancellations must be made via your Account (via Momence, Inc) either online or via the app. We do not accept class cancellations via email or phone call, unless you are experiencing technical difficulties, in which case please contact us directly before the cut-off period.

   3. Customers can cancel their attendance and get a credit if made before the cancellation cut-off period. Tickets purchased using pre-paid/class packages or usage-limited subscriptions will be automatically added back to your package or usage limit. Other purchases will be returned as credits to the customer's account.

   4. If you do not show up for your booking, you will forfeit the payment/class credit/pass used to book the class. No refunds will be provided for cancellations after the cancellation cut-off period or for no-shows.

   5. Bookings cannot be accepted without a credit card on file.

6. Waitlist Policy

   1. GCC’s waitlist function allows you to waitlist a spot in an already full class. When a spot in the class becomes available, the first person on the waitlist will be automatically moved into the class up until 1 hour prior to the class time.

   2. You will receive both an email when you are booked into a class via the waitlist. This will charge your card on file or use a credit from your class pass/subscription/credits to confirm your space in the class.

   3. Please treat the waitlist like you are booking a class. If you have added yourself to the waitlist and no longer want to attend the class, please cancel the waitlisted classes via your Momence, Inc account.

7. Refund Policy

   1. If a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, please contact GCC directly.

   2. For any services unfulfilled or cancelled classes, refunds will automatically be issued, unless a class credit is requested instead.

8. Your obligations as a Member 

   1. As a Member, you agree to comply with the following: i. you will not share your profile with any other person; ii. you will use the Services only for purposes that are permitted by:

      1. the Terms; and

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

         1. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

         2. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Momence, Inc of any unauthorised use of your password or email address or any breach of security of which you have become aware;

         3. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

         4. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

         5. you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

         6. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

         7. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Momence, Inc;

         8. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

         9. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Momence, Inc for any illegal or unauthorised use of the Website; and

         10. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

9. Privacy 

   1. GCC takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to the Momence, Inc Privacy Policy. Read GCC and Momence privacy policies here.

10. General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    2. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, or contractors make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Momence, Inc) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of failure of performance, interruption, loss of data, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; and any costs incurred as a result of you using the Website or Services provided by GCC or Momence, Inc.

11. Governing Law 

    1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice 

    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance 

    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Last Updated 24 March 2023.