Terms and Conditions
Terms & Conditions:
The Basketball Lab Pty Ltd (“we”, “us”, “our”, “The Basketball Lab” and “the Lab”) is governed by the Terms & conditions, Lab Rules, and any other agreements signed upon entering The Lab. The Basketball Lab Pty Ltd reserves the right to act accordingly to breaches and enforce the consequences necessary. The Basketball Lab Pty Ltd reserves the right to amend/change any terms and conditions, agreements and waivers, members will be notified upon changes being implemented. If members wish to consult, enquire or appeal anything from the terms and conditions or lab rules, members must contact The Basketball Lab Pty Ltd via info@thebasketballlab.net otherwise their claims will be nullified.
Upon entering The Basketball Lab Pty Ltd facility, all individuals implicitly accept the terms and conditions.
1. Facility Entry
1.1 Tailgating
Only Basketball Lab membership holders are allowed to enter the facility. If a member assists an individual without a membership into the Lab, they will be deemed as “tailgating” breaking membership terms and conditions, and will be charge a tailgating fine of $150 per individual that entered. This policy will be enforced strictly.
1.2 Lending
Memberships are individualised and cannot be used by anyone else under any circumstances, if members are caught lending people their access fob to enter the facility, they will be deemed as breaking these terms and conditions, and charged $50 per individual that accessed The Lab.
1.3 - Transfer
Under no circumstances can you transfer membership to someone else.
1.4 - Minimum Age
Individuals under the age of seventeen require permission and parental guidance during the sign-up process, the sign-up process must be completed in person and by someone older than seventeen. Individuals over the age of 13 are eligibly for 24/7 access. Parents or guardians, by signing these terms you agree to allow this member 24/7 access to The Basketball Lab Pty Ltd at their own risk. You herby release The Basketball Lab Pty Ltd, from any and all claims surrounding this member.
1.5 - Closing The Door
If a member fails to close the door behind them when leaving The Lab, and results in non members entering, then the member responsible will be charged $50 for every non member who entered The Lab. Furthermore, if this results in items/property being misused, damaged or stolen from The Lab, the member responsible will be required to cover any and all costs.
1.6 - Outstanding Contact
Should your contract remain outstanding your access to The Lab will be denied. If you enter The Lab while your contract is outstanding you will be fined $50 per visit.
1.7- Bring a kid 24/7
Only GOLD membership holders have the ability to bring a kid free 24/7. Gold members must be seventeen or older to be eligible for this benefit. Parents, guardians, or trusted adult, by signing these terms you agree to allow this member to “bring a kid” 24/7 to The Basketball Lab Pty Ltd at their own risk. You hereby release The Basketball Lab Pty Ltd, from any and all claims surrounding this member and kid that enters the facility under the Gold members, watch.
2. Commencement & Commitment Period
2.1 - Start Date
Membership will commence on the “start date” shown on the membership agreement form.
Members have agreed they are aware of the upfront costs, pro rata rates, and any other additional costs required to become a member.
2.2 - Cooling-off Period
Members have a forty-eight-hour "cooling-off period” upon signing their membership agreement. Members can cancel their membership during this period, with a written notice emailed to The Basketball Lab. Post the “cooling-off period” The Basketball Lab reserves the right to charge the appropriate fees throughout the commitment period.
2.4 - Commitment Period
Members, by signing these terms you have reassured and agreed, that you have the finical capacity to pay your membership until the end of your minimum commitment period, failure to comply with these terms will result in heavy fines and gives The Basketball Lab Pty Ltd your consent to withdraw the necessary funds owed from your account. You also acknowledge memberships are a minimum commitment period and not a fixed term, after the commitment period your membership will remain active unless advised otherwise. Any and all cancellation enquires and requests must be sent to cancellation@thebasketballlab.net, any and all other means of cancellation notification and communciation will not be accepted, furthmore, all termaintions require a one month notice period from the day our cancellation department receives your request.
2.5 - Freeze
Members have the ability to freeze their memberships for a maximum of one month. The Basketball Lab Pty Ltd reserves the right to determine what reasoning is appropriate for memberships to be frozen. Injuries and vacations are examples of appropriate reasons, however, once the initial one-month period is over, memberships will commence again. Members are still responsible to finish the whole duration of their paid commitment period.
3. Payments & Fines
3.1 - Note
The Basketball Lab Pty Ltd reserves the right to fine members appropriately if terms and conditions aren’t met.
3.2 - Activation Fees
Membership sign-up and activation fees are payable by you when you have signed these terms, these fees are up front costs and non-refundable. In the event, your membership is terminated and you wish to rejoin, you will be required to pay all sign-up fees again.
3.3 - Reoccurring Payments
Members are responsible for all reoccurring membership payments as they fall due, payments are due for the whole fortnightly billing cycle even if your membership is terminated, frozen, or suspended during that period. Failure to pay on time will result in fines.
3.4 - Rejected Payments
Rejected direct debits will incur a $10 fine. Members will have a forty eight hour period to adjust their account balance, failure to do so, will result in your membership being suspended until the the outstanding amount is paid. Two or more missed payments our debt collectors and lawyers will be engaged.
4. Other Membership Fees and Chargers
4.1 - Access Fob
Replacement access fobs will have a $30 charge.
4.2 - Upgrading
Upgrading comes with no additional costs and can be done at any point. Members must inform The Basketball Lab of when they would like their new membership to start.
4.3 - Changes in Fees
The Basketball Lab Pty Ltd reserves the right to change service pricing. Members will be notified of the changes upon implantation, if these changes affect membership prices, members reserve the right to terminate their membership within fourteen days of being notified. Members who don’t opt into termination will be required to pay the new rates moving forward. We advise members keep their contact information updated.
4.4 - Kid Memberships
People under the age of twelve are eligible for memberships from 6:00 am - 6:00 pm, these members must be surprised by an adult at all times if we are unstaffed for any reason, they are also banned from using any and all equipment from the “weight zone”. By signing these terms and conditions you are releasing The Basketball Lab Pty Ltd from any and all outcomes from any and all use of The Lab and the equipment associated within The Lab. You give consent for this member to use The Lab at their own risk. If a kid member enters the facility anytime before and after 6:00 am - 6:00 pm their membership will be suspended, furthermore, if they are unsupervised when we are unstaffed between the times 6:00 am - 6:00 pm their membership will be suspended.
4.5 Temporary pricing
Temporary offers are not subject to 4.3, and members must pay the new rates moving forward.
5. Member Termination
5.1 - How & When?
Early termination enquires must contact The Basketball Lab via cancellation@thebasketballlab.net, once communication is established, the member must be physically present to finalise the process. Any and all terminations require a $250 termination fee, collection of outstanding and remaining fortnight billing cycle dues, and a one-month notice period. Members must also return their access fob to avoid a $30 replacement fee. If the member cannot be present, they require sufficient reasoning and evidence as to why, The Basketball Lab Pty Ltd reserves the right to use its discretion in determining members reasonings and evidence.
The following is acceptable for early termination, however, if your request fails to meet these requirements, The Basketball Lab Pty Ltd reserves the right continue billing the member. Any and all terminations will take effect after the one month notice period.
Members, by agreeing to these terms you are waiving any and all rights to cancel your membership unless:
(a) Increasing Rates
Refer to “4.3 - Changes in Fees”
(b) Closing
The lab closes for a period of 30 days straight, excluding natural disasters.
(c) Permanent Illness/Injury
Members reserve the right of early termination if they suffer a permanent illness and or
injury that lasts longer than three calendar months. Members must provide adequate and reasonable professional evidence, in the form of a doctor’s certificate or a letter from the hospital stating they are unable to participate in basketball activities.
(d) Bankruptcy
If a member needs early termination due to bankruptcy, The Basketball Lab Pty Ltd requires evidence in the form of court documents or orders.
(e) Relocating
Members have the ability to cancel if they are relocating permanently, evidence of the
relocation must be proven by way of sale/lease agreement and or change of address on
drivers licence.
Before a membership is terminated, The Basketball Lab Pty Ltd must be given notice at least 1 month in advance. All outstanding debts and payments must be made before you terminate your membership.
6. The Basketball Lab Pty Ltd Termination
6.1 - When and how?
Any termination for any and all reasons is subject to rule “5.1 Member Termination”. Moreover, The Basketball Lab Pty Ltd reserves the right to terminate memberships in accordance to the following conditions and is not limited to:
(a) Breaching T&Cs
Breaching any terms and conditions, agreements and waivers singed upon joining The Basketball Lab Pty Ltd.
(b) Failed Amendments
If a breach can be amended, you will be notified by The Lab regarding the specific requirements needed to amend the breach. Upon notification, you have fourteen days to comply with these requests otherwise, The Basketball Lab Pty Ltd reserves the right to
terminate your membership.
(c) Payments
If any outstanding payments remain unpaid after a thirty day period. The Lab reserves all rights to take the necessary action to recoup any money owed to them.
(d) Fraud
If members provide any fraudulent information, The Basketball Lab Pty Ltd reserves the right to terminate memberships, collect any outstanding payments, collect the remaining of the fortnightly billing period, and charge for any damages, costs or expenses occurred due to the fraudulent information received.
7. Health and Risk
7.1 - Physical Activity
Any form of physical activity within the facility may involve the risk of injury and you exercise at
your own risk. We advise consulting a medical professional before taking part in physical
activities within The Basketball Lab Pty Ltd, individuals are responsible for monitoring their own
health conditions and are advised to listen to their medical professional. Should an individual experience any concerning health symptoms, you are required to stop and notify a staff member immediately.
7.2 - Shooting Machines
Shooting machine use may involve risk of injury and members use the machines at their own risk. The Basketball Lab Pty Ltd takes no responsibility for injuries resulting from improper, irresponsible, uneducated use. If a member is unsure of operating the machine, they are encouraged to ask a staff member, furthermore, all members should abide by the warning signs and instructions attached to the shooting machines provided by The Basketball Lab.
7.3 - First Aid Administration
When members sign these terms they are giving authority to the coaches, staff, management and ownership of the Basketball Lab Pty Ltd, to administer first aid, and or organize medical/hospital treatment if they deem necessary at their expense.
7.4 - Stairs
Stairs are only to be used by gold members when entering/exiting the members lounge. Members are not to sit/wait/stand on the stairs at any time. The stairs are to remain clear of all items at all times. The Basketball Lab Pty Ltd is not liable for any injuries, serious injuries or death which may result from the misuse of the stairs.
7.5 - Rings
Swinging, hanging and dunking on the rings is strictly prohibited. The Basketball Lab Pty Ltd is not liable for any injuries or death that may occur as a result.
7.6 - Weight Zone
Weight Zone use may involve the risk of injury, serious harm or death, and members use all equipment at their own risk. The Basketball Lab takes no responsibility for any outcomes resulting from improper, irresponsible, uneducated, and over use. The minimum age for use of the wight zone is 15 years old. By signing these terms and conditions you are releasing The Basketball Lab Pty Ltd from any and all outcomes from use of the weight zone and the equipment associated with the weight zone. Furthermore, barbell bench pressing is banned in The Basketball Lab Pty Ltd. By singing these terms and conditions you understand that the weight zone is located behind one of the rings, and therefore choosing to participate in any and all activities on this ring is at your own risk.
7.8 - Sleeping
Sleeping in the facility is strictly prohibited, doing so will result in memberships being
terminated.
7.9 - Windows
Members or users are forbidden from opening any windows in The Facility, The Basketball Lab Pty Ltd, takes no responsibility for any and all consequences as a result of the windows being opened.
7.10 - Walls
The walls surrounding the court are made from brick, by signing these terms and conditions you understand that these may cause harm, injury, serious injury or death and therefore release The Basketball Lab Pty Ltd of any and all responsibilities.
7.11 - Temperature
The Basketball Lab Pty Ltd is not responsible for the temperature inside of The Facility. Irrespective of the temperature, all members and visitors enter the facility at their own risk.
8. Liability
8.1 - Recreational Activities
The Basketball Lab Pty Ltd will not be held liable for any injury, serious injury or death which occurs while engaging in exercise or other activities at The Basketball Lab Pty Ltd, unless its caused by our gross negligence.
9. Availability
9.1 - Facility
Upon signing these terms members, parents, guardians, and visitors understand that The Basketball Lab Pty Ltd and certain services, may be unavailable during certain periods of time for things such, but not limiting to: prior bookings, events, natural disasters, fires or any other reasons. Furthermore, The Basketball Lab Pty Ltd reserves the right to eliminate any services or resources they provide members. Members will be notified should any of the above situations occur.
9.2 - Shooting Lanes
Members understand that shooting lanes may sometimes be unavailable at certain periods of time. To ensure availability members are encouraged to book ahead of time online, failure to book may result in little to no vacancy.
9.3 - Sessions
Every individual must book online prior to the commencement of the session, there will be no walk-ins allowed to participate in sessions. Sessions will open weeks in advanced and booking will close twenty four hours before the start of the session. Any and all session will have a maximum capacity of participants.
9.4 Televisions/PS5
Any and all PS5’s and televisions are not to be touched to operated by anyone else but staff, doing so will incur consequences left to the discretion of The Basketball Lab Pty Ltd.
10. Responsibility
10.1 Behaviour
For any and all reasons, if an individual’s behaviour is diminishing other’s experience in The Basketball Lab Pty Ltd, they will be asked to revise their actions and manners immediately or be removed from The Lab. The following may result in you being asked to leave the Lab, with further consequences and is not limited too:
Physical violence:
• This will result in all parties involved being removed from the Lab immediately regardless of their level of involvement, following any events of this nature, we will conduct an extensive investigation where we reserve the right to terminate any memberships and or deny further entry access.
Bullying:
• Any and all forms will not be tolerated, The Basketball Lab Pty Ltd reserves the right to use their own discretion as too what is considered bullying or not.
Language:
• Inappropriate language of any and all kinds will not be tolerated, if you are caught continuously using inappropriate language you will be removed from the Lab.
• Gestures/Hand Signals
• Users are never permitted to make inappropriate gestures in any way while inside the Lab.
Duress Button:
• The duress button should only be pushed in the case of an emergency during unstaffed hours, if an individual pushes the button for any reason other than an emergency, they will incur all charges applicable when the duress button is pushed. If an emergency occurs during staffed hours the duress button is not to be pushed, individuals must notify the staff and allow them to handle the situation.
10.2 Substance Use
The Basketball Lab Pty Ltd hereby bans the use, possession and entry under the influence of illegal drugs/substances, alcohol and smoking. If you are caught under the influence, using or holding these banned substances The Basketball Lab Pty Ltd, then the necessary course of action will be taken to ensure the current and future safety of all Basketball Lab participates. Individuals who have prescribed medication/substances are waived from this rule, however, we may ask to see evidence and proof of your right to using or holding these drugs.
10.3 Photo/Video Consent
Signing these terms declares The Basketball Lab Pty Ltd permission/consent for you being photographed or videotaped. You grant permission for The Basketball Lab Pty Ltd, to post photos and videos of you on any platform they desire. You hereby revoke any and all legal rights around what, where, when, how and why photos and videos of you are used. You release The Basketball Lab Pty Ltd of any all legal complications, surrounding the photographs or videos you are depicted in.
11. Private Coaching
11.1 Cancellations
Cancellation must take place twenty four hours prior to the session start time, failure to do so will result in members being charged 100% of their sessions dues.
11.2 No Shows
If a member fails to show up for their session, they will be deemed as being a “no show” and will be charged 100% of the session dues.
11.3 Late Arrivals
Should participants arrive late, they are entitled to participate for the remaining session time, additional time will not be added.
11.4 Program Payments
Participants of programs must be up to date with program payments in order to attend sessions, additional sessions will not be added if a member misses sessions for any and all reasons. Additionally, if program payments are overdue, memberships will be suspended until the outstanding is paid.
12. Members lounge
All members are permitted in the lounge. Any and all terms and conditions, lab rules, and waivers signed apply to the members lounge. Breaking these agreements will result in serve penalties and immediate termination of membership, furthermore, any sexual conduct in any shape or form will also result in immediate termination, The Basketball Lab Pty Ltd reserves the right to collect ALL outstanding and future dues. The lounge is monitored 24/7, footage will be reviewed daily and The Lab will enforce polices strictly.
13. Debt Recovery
By becoming a member of The Basketball Lab, you acknowledge and agree to the following terms and conditions. In the event that you fail to fulfill your financial obligations or have outstanding dues, you authorise us to share your personal information with debt collectors and legal representatives for the purpose of pursuing and recovering the owed funds. This includes but is not limited to, disclosing your name, contact details, and relevant account information to such authorised third parties. We undertake to exercise reasonable care in the selection and supervision of these debt collectors and lawyers. However, we cannot be held responsible for their actions or any consequences arising from their collection efforts. By accepting these terms, you consent to the potential involvement of debt collectors and lawyers in the pursuit of outstanding payments owed to us. In the event that a member has unpaid debts for more than 48 hours, the entity reserves the right to deny the member access to the facility and services until the debts are settled in full. The Basketball Lab Pty Ltd reserves the right to take any reasonable actions to retrieve funds owed by a member, including but not limited to, deducting the owed amount from the member's stored payment method, initiating legal proceedings, or engaging third-party debt collection agencies.
Lab Rules:
The Basketball Lab Pty “Lab rules" are apart of your membership agreement/terms and conditions, anyone who enters The Basketball Lab must obey these rules, failure to comply may result in The Basketball Lab Pty Ltd staff, coaches, ownership and management taking the necessary actions required. We advise members take the time and read over these rules thoroughly so they understand the expectations and standards required. Please note that we reserve the right to change these rules when we see fit, if we do so, all members will be notified via they're saved contact information.
Fair Play
• Members are to be kind and courteous at all times.
• Rings are to be shared and you cannot limit others joining the ring you are shooting at unless booked prior.
• Be mindful of others around you.
• Respect all property and individuals within the Lab.
Memberships:
• Members are to scan access fob at reception each and every time they visit the Lab.
• All members are required to ‘scan in’ at all times.
• If entering the lab in groups each member must scan their individual fob on entry.
• Any members caught not obeying this rule will face immediate suspension.
• If you “bring a friend” under the benefits of your membership you are accountable for their actions/behaviour. All friends must sign it at reception.
Members Lounge:
• Respect equipment/property/technology
• Put remotes/controls back where you got them
• No access permissible unless a member. Individuals caught violating this rule will be suspended from the Lab, and will be fined for “tailgating”
Casual Entries/Guests
• Required to sign necessary agreements.
• Must sign in at front desk with staff member.
• Cannot enter after staffed hours
• Must abide by all the Lab rules/terms and conditions.
• Frozen, suspended, terminated membership holder cannot enter as a casual visit
• Carers may enter with member they are caring for, however, won’t be allowed to participate in activities unless they are either a member or purchase a casual pass.
Behavior:
Hanging, swinging, dunking, and similar conduct on the rings is prohibited.
Instructions by any staff member of the Lab must be followed at all times.
There is a zero-tolerance policy for the following and is not limited to:
• Physical violence
• Inappropriate language
• Inappropriate gestures
• Inappropriate hand signals
• Bullying
• Vandalism
• Stealing
• Abuse of any kind
• Sexual conduct
Note: The Basketball Lab Pty Ltd reserves the right to use its discretion when determining, what relates to behavior and the severity of the act.
Substance Use:
The Basketball Lab Pty Ltd hereby bans the use, possession, and entry under the influence of illegal drugs/substances, alcohol, and smoking. If you are caught under the influence, using or holding these banned substances The Basketball Lab Pty Ltd, then the necessary course of action will be taken to ensure the current and future safety of all Basketball Lab participants. Individuals who have prescribed medication/substances are waived from this rule, however, we may ask to see evidence and proof of your right to using or holding these drugs.
Photos/Videos
If you are photographing to videoing inside The Lab, please take the necessary actions to ensure people who haven’t consented to being captured, are not involved in the shots. There is to be absolutely no photos or video taken in the bathrooms or membership lounge if this occurs The Basketball Lab Pty Ltd reserves the right to ask for certain materials to be deleted from your phone.
Liability
The Basketball Lab takes no liability for the damage or loss of personal property, furthermore, users are liable for any damages, or costs they incur while in The lab.
Courts/Equipment
Court:
• No food allowed in court
• No liquid beverages other than water are allowed
• No glass bottles allowed
• All wet patches from sweat must be dried immediately
• Only take the court when it’s either free, your booking, your session
• Basketball/indoor sports shoes are the only shoes permitted on the court
Equipment:
• Must be used for its intended purpose
• All equipment besides balls will be behind the reception desk
• Must hand equipment back, in the same shape you received it when finished, otherwise fees will be charged for damaged or lost items.
• Lowering the rings is never permitted
In the event of damaged equipment, members are required to report the damage immediately to the entity's staff. Failure to promptly report damaged equipment may result in the member being held responsible for the cost of repair or replacement. Members should not attempt to repair or modify any equipment on their own without the explicit authorization from the entity.
Weight Zone:
• Respect all equipment
• Put all equipment back where they belong
• No food or drink other than water is permitted
Sessions
Players must follow the instructions of the coaches to the best of their ability.
Coaching
ONLY The Basketball Lab Pty Ltd coaching staff is permitted to coach in The Lab.
Private Property
Available space is present to store belongs, we ask if the space is full that you keep your belongs neat and tidy away from any activities.
You are responsible for your own personal belongings, the Lab takes no responsibility as to any damage or loss of property.
Safety
Swinging, Dunking and Hanging on rings is strictly prohibited.
Members are not to sit/wait/stand on the stairs at any time.
The stairs are to remain clear of all items at all times.
Stairs are only to be used by gold members when entering/exiting the members lounge.
No barbell bench pressing
Activity Waiver Form
THIS ACTIVITY WAIVER FORM (this "Waiver") is dated 30th November 2022.
IN CONSIDERATION of being allowed to participate in the Activity and other good and valuable
consideration, the receipt of which is hereby acknowledged, I Basketball Lab Member (the "Participant")
agree with The Basketball Lab Pty Ltd of unit 4/208 Montague Rd, West End QLD, 4101, Australia (the
"Activity Provider") to the following:
DETAILS OF ACTIVITY
1. Scheduled from 1 December 2022 to 1 December 2050, the Participant will be participating in and is not
limited to the following activities: physical activity, 24/7 access, Individual sessions, Development sessions,
Shooting sessions, Open gym, Casual shooting, Shooting machine sessions, weights at The Basketball Lab
(the "Activity") provided by the Activity Provider.
CONSIDERATION
2. Being of lawful age and in consideration of being permitted to participate in the Activity, the
Participant releases and forever discharges the Activity Provider, its owners, directors, officers,
employees, agents, assigns, legal representatives, and successors from all manner of actions,
causes of action, debts, accounts, bonds, contracts, claims, and demands for or by reason of any
injury to person or property, including injury resulting in the death of the Participant, which
has been or may be sustained as a consequence of the Participant's participation in the
Activity, and notwithstanding that such damage, loss, or injury may have been caused solely
or partly by the negligence of the Activity Provider.
3. The Participant understands that the Participant would not be permitted to participate in the
Activity unless the Participant signed this Waiver.
CONCURRENT RELEASE
4. The Participant acknowledges that this Waiver is given with the express intention of effecting the
extinguishment of certain obligations owed to the Participant by the Activity Provider, and with the intention
of binding the Participant's spouse, heirs, executors, administrators, legal representatives, and assigns.
FITNESS TO PARTICIPATE
5. The Participant acknowledges to the Activity Provider that the Participant does not have any physical
limitations, medical ailments, or physical or mental disabilities that would limit or prevent the Participant
from participating in the Activity. If required, the Participant will obtain a medical examination and
clearance.
FULL AND FINAL SETTLEMENT
6. The Participant acknowledges and agrees with the Activity Provider that: (1) the Activity Provider has
given the Participant sufficient time to carefully read this Waiver, (2) the Participant has been given the
opportunity and has been encouraged to seek independent legal advice prior to signing this Waiver, (3)
the participant fully understands the risks and claims that the Participant is waiving to participate in the
Activity, (4) the Participant is freely and voluntarily executing this Waiver, and (5) the Participant is forever
prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal
injury that the Participant may sustain while participating in or preparing for the Activity.
GOVERNING LAW
7. This Waiver will be governed by and construed in accordance with the laws of the State of Queensland.
By checking the appropriate box during the membership sign up process in Perfect Gym, you agree and consent to any and all causes on this waiver. You also consent to have legally signed this document by checking the correct box on Perfect Gym. Non members by physically signing this document in person through our website, you are consenting to these terms and conditions.