Kustom Kommune MemberTerms and Conditions
By signing up as a Kustom Kommune Member (or purchasing a pre-sale membership) you agree that you have read, understand accept the following:
1. LIABILITY WAIVER
I agree to take on full responsibility for any risks, damages, injuries, known or unknown, for bodily and/or personal property, which I might incur. I also agree to voluntarily waive any claim that I, my heirs, or legal representatives may have against The Kustom Kommune, it’s instructors, staff, volunteers, or owners for any damage, damages, injuries, known or unknown, incurred bodily and/or/on personal property.
- Any damage, loss or theft incurred to personal property and/or equipment that I bring into The Kustom Kommune, or generate/create in any area of The Kustom Kommune
- Any bodily injuries or damages that I may sustain as a result of participating in any class, workshop, or program on The Kustom Kommune property or premises
- Any bodily injuries or damages that I may sustain as a result of using any machine or equipment owned by or incurred on The Kustom Kommune property or premises
I understand the use or possession of alcohol and/or illegal drugs within the workspace is considered reckless endangerment by my person and is not allowed in the workshop of The Kustom Kommune under any circumstances and that I will be subject to removal from the premises by The Kustom Kommune.
I understand that all storage of personal property, either brought in from the outside or created at The Kustom Kommune, is my exclusive responsibility, and that such said storage is gratuitous and subject to approval by The Kustom Kommune.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- 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.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
2. PHOTO RELEASE
I consent that The Kustom Kommune has full and unrestricted publishing and use rights for any photographs (digital or print) taken on The Kustom Kommune premises by The Kustom Kommune employees in which my image or any of my materials or art, either brought in or created/generated at The Kustom Kommune, appears. I hereby release, discharge, and agree to hold harmless The Kustom Kommune from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
3. AGE VERIFICATION
The Kustom Kommune Workshop is an 18 and over facility. I agree to provide one (1) piece of official state or government issued photo identification, such as a driver’s license, Proof of Age card or a passport to confirm identity and age. I hereby verify on this day that I am at least 18 years of age, and agree to provide any necessary identification to The Kustom Kommune upon request.
4. FACILITY POLICY & PROCEDURE
- General Facility Use
As a Kustom Kommune Member, you are exclusively entitled to use of our shared Workspaces, pending safety approval by management. The following policies are in place to ensure fair access for all members to our facilities. Failure to abide by these policies may result in termination of membership by staff.
- All shop and studio space must be kept orderly and neat.
- If you are using workshop equipment of any sort, they must be operated with proper care.
- Please make sure all equipment is returned to the very same state as it was found.
If you have any problems or questions, please notify The Kustom Kommune staff immediately. Failure to follow specific guidelines and procedures may result in the user being held responsible for replacement cost and labour cost of damaged The Kustom Kommune property.
- Workshop Use & General Guidelines:
- Workshop Members must check in at the front desk. Anyone not complying will be asked to leave. If you are unsure – return to the Front Desk immediately.
- In order to access the shop, all users must first meet with The Kustom Kommune’s Workshop Manager & take Intro to Workshop.
- All users of Workshop are responsible for their own safety. The Kustom Kommune will not be held liable or responsible for any injury sustained by using the Workshop.
- The Kustom Kommune will maintain machines to be in working order and maintain consumables to an acceptable level. If at any time you notice the blades or machines are not functioning properly, please contact the Workshop Manager directly. If the Workshop Manager is not available, please contact the Front Desk.
- When using any of The Kustom Kommune’s machines or facilities, the user must return machines and facility to the state they were found in (clean, fully assembled, in good working order).
- Improper use of tools and machines resulting in damages, the user will be liable for all costs (replacement and labour) associated with fixing tool or machine.
- The Kustom Kommune is not responsible for any damage to personal items or material stored or used in Workshop.
- All users of Workshop must agree to this a liability waiver.
- Using the Shop along with the Education Program
- Access to the Workshop during class time is at the discretion of the Instructor.
- Classes will receive priority on all tools and equipment in the Workshop.
- If you are on a deadline with a project, please speak with the Instructor. We want you to finish your project and have the class be a success.
- Annual Memberships ($459)
- All memberships are pre-paid and memberships purchased via kustomkommune.com.au are set up and agreed to as a recurring subscription via the payment gateway of your choice.
- Memberships are non-refundable should you wish to cancel prior to the end of your membership cycle. There are no cancellation fees for Annual pre-paid memberships.
- You can manage your membership details, recurring subscriptions and payment information via your account dashboard or in person or via our
- contact form.If you do not cancel your membership prior to renewal and you do not wish to proceed, and you have not utilised any of Kustom Kommune’s membership benefits, including accessing the workshop, we offer a 28 day refund period to ensure any missed renewals are covered.
- Memberships begin the day of payment for membership
Memberships pricing is as follows:
- Annual Membership, paid yearly.
$459.00 inc GST
- Monthly Pass, Single month access paid in advance.
$149.00 inc GST
- Community Membership, paid yearly.
$149.00 inc GST
- Lifetime Membership, paid once-off.
$2999.00 inc GST
5. Pre-Sale memberships
- All pre-sale memberships must be activated within twelve (12) months from the original purchase date.
- Pre-sale memberships that are not activated within the agreed time frame are considered expired and void, unless stated otherwise by Kustom Kommune.
- No refunds will be given for expired pre-sale memberships.
- Pre-sale memberships will start from the date activated and are valid for twelve (12) months, unless otherwise stated.
6. Instalment-based Memberships
- Full Memberships paid by instalment are the same as pre-paid memberships in every way but payment terms.
- Instalment-based memberships can be paid over a term of 1, 3 or 6 months, chosen at the time of subscribing.
- Instalment-based memberships are locked in for the full term of 1 year (12 months).
- Should a membership be cancelled before the end of the term, a cancellation fee is applicable.
- Cancellation fee is equal to the remainder of the membership value.
- If you wish to upgrade from an instalment-membership to a pre-paid full membership, we will cancel your reoccurring payment on the next due date, and a full year (at full cost) membership will start from that day. Contact us in advance if you wish to change your membership.
7. Marketing & Notifications
- Marketing materials, subscription notifications and newsletters will occasionally be sent out via email and by accepting these terms and conditions, you are consenting to be opted-in by default.
- These can be unsubscribed from via the “unsubscribe” button at the footer of all emails.
- Don’t worry, we hate spam too!
5. STORAGE OF MOTORCYCLES AND PARTS
Storage of motorcycle and parts are completely at your own risk.
- Under no circumstances can a shop user store any items in the shared space of the shop without receiving prior consent from Workshop Manager.
- Any areas surrounding The Kustom Kommune premises (including front and rear entrances) is expressly off limits for storage of work, including temporary storage.
- All materials and projects in shop must be labelled with all the following: full name, phone number, move date, and labels must be legible. All non or partially labelled projects/materials will be removed from the premises immediately.
- The Kustom Kommune is not responsible for any damage to personal items or material stored or used in Workshop.
- Storage is a flat fee of either $169 (inc GST) per month, $59 (inc GST) per week, or $1690 (inc GST) per year. Overnight storage is available for $10 per 24 hour period.
- All Monthly storage fees will be set up on a PayPal Direct Debit or Stripe ONLY. This is to simplify payment schedules.
- Storage Fees are prepaid only. eg you are paying for a month in advance.
- You may cancel your subscription via the Kustom Kommune Membership portal (kustomkommune.com.au/my-account) or by emailing, or in person at least 2 working days (48 Hours) prior to your scheduled direct debit. All goods must be removed within 24 hours of cancellation.
- Storage fees are paid in weekly, monthly, or yearly blocks and are non-refundable should you remove your property prior to the end of your billing cycle.
Please keep in mind that the Kustom Kommune is a shared space and is frequented by many people. If you do not feel your goods are safe and secure, do not store them onsite.
6. EDUCATION POLICY
Classes are scheduled monthly and new classes are added on a monthly basis. Please check our website or come by The Kustom Kommune for up to date course information. Comprehensive course descriptions can be found online, and it is recommended that you read through them fully prior to registering. Advanced registration is necessary. Instructors, class times, and class dates are subject to change. To register for a class, students must pay in full at the time of enrolment. The Kustom Kommune accepts cash or Electronic Funds Transfer. To sign up after the registration deadline, please call to ensure enrolment is still open.
- Cancelations & Transfers
In the event a student must withdraw from a class, he or she may do so any time before the registration deadline of the class.
- Cancellations made with more than 48 hours of the class commencement time will receive a refund in full.
- Cancellations within 48 hours of the class commencement time will NOT receive a refund.
Class enrolment is non-transferable: requesting to transfer to another section of the same class is considered a withdrawal. Withdrawals on or after the class registration deadline are not refundable and course fees are not transferable. To withdraw from a course please email firstname.lastname@example.org. A credit of your enrolment fee may be issued for medically excused emergencies (with documentation) or family bereavement. Other than this, there will be no exceptions. Please give us as advanced notice as possible for consideration.
- Material & Equipment Fees
Classes that make use of tools or supplies will most likely require a material or equipment fee. This pays for in-class consumable items (drill bits, gas, paint, screens) and the upkeep of tools used for that specific class (saw sharpening, tool repair, welding tips, software updates). In some circumstances, students may also be required to purchase certain supplies on their own. This will be clearly indicated in the full online course description.
Missed Classes & Lateness – Missing the first day of a course may be grounds for withdrawal without refund. Please email email@example.com if you know you are going to miss the first day of a course. We cannot offer complimentary makeup sessions outside class time or in concurrent or future course sections. Instructors are not obligated to catch students up during scheduled class time for missed sessions or excessive lateness.
- If We Cancel or Reschedule a Class
Most classes offered at The Kustom Kommune must have a minimum of 5 students registered in order for the class to commence. In the event a course does not receive sufficient enrolment, it may be cancelled. Students will be notified at least 24 hours prior to the start of the class. In the event of a cancellation, students will be refunded within 5 business days. If we reschedule a class to another date, students are also entitled to a full refund. The Kustom Kommune reserves the right to change instructors without prior notification, and to change class location and meeting times by up to an hour with 48 hours prior notice.
- At the conclusion of every class, students will receive an emailed evaluation request. We depend upon your feedback to help us improve our course offerings. If you have any issue with a class you are currently enrolled in, please either raise your issue with the instructor at the end of the class meeting or email firstname.lastname@example.org. It is our general experience that most issues can be satisfactorily addressed before the course concludes.
7. INTERACTION WITH PATRONS
- Unacceptable Workshop Conduct
We’re trying our best to make the space as inclusive and comfortable for everyone. Discrimination, bullying and sexual harassment are unacceptable at Kustom Kommune and are unlawful under the following legislation:
- Sex Discrimination Act 1984 (Cth)
- Racial Discrimination Act 1975 (Cth)
- Disability Discrimination Act 1992 (Cth)
- Age Discrimination Act 2004 (Cth)
- Australian Human Rights Commission Act 1986 (Cth).
- Members and visitors found to have engaged in such conduct may be warned, made to leave the premises and their membership suspended. Isolated issues will be dealt with in a closed environment. Severe or repeated breaches will be referred to the relevant authorities and any future attendance banned.
If you have any questions, please get in touch via our contact form