DISCLAIMER INDEMNITY/WAIVER OF LIABILITY
If you sign up to a class, event or group workshop at Bodystrong.Co, you understand & agree to the following liability and indemnity clause:
The instruction offered by BodyStrong.Co is limited to that of Hiit, Pilates, Yoga, fitness training & active use of hydrotherapy & sauna recovery zones, and I understand that BodyStrong.Co classes can involve intensive physical activity.
I am in good physical and mental health. I have not been advised by my health professional that I should avoid any vigorous and physical activity.
I understand that late entry is not permitted to any class attending in-studio and need to arrive before the scheduled class time at a studio.
I understand that SWEAT classes include physical movements, often high intensity movements and when specified, the physical activity is carried out in rooms heated from 32 to 38 degrees. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. I agree to listen carefully and follow the teacher at all times, and to ask the teacher to clarify any direction if I do not understand. If I experience any pain or discomfort, I will listen to my body and discontinue the activity and seek support from the teacher. I assume full responsibility for any and all damages, which may incur through participation.
There are risks associated with participation in the activities and programs offered by BodyStrong.Co and by booking into classes you freely accept those risks. BodyStrong.Co staff are not health practitioners. You should obtain your own medical advice, where appropriate, prior to participating in the activities and programs offered by BodyStrong.Co.
I understand and acknowledge that, although BodyStrong.Co has taken steps to reduce the risks and increase the safety to participants, access to and use of the gym facilities, hydrotherapy facilities and exercise classes may expose me to inherent risks, including accidents, injury, illness or even death.
Classes I attend in person by BodyStrong.Co staff at allocated times may involve the use of exercise machines, equipment or hand-weights, and I will take care to ensure my use of the machines is safe and is in accordance with the instructions BodyStrong.Co staff provide to me. Should I be unsure of how the machine should be used I will seek assistance. I further agree that I will select a weight that is manageable by me at all times.
I understand that I may receive physical assists or adjustments to enhance or correct my body posture during BodyStrong.Co classes by either the teacher or an assistant in class. I will take accountability for alerting the teacher or assistant if I do not want to receive any adjustments. I will also take accountability for alerting the teacher or assistant of any injury or impairment in advance of them adjusting me.
I agree, for myself and anyone entitled to act on my behalf, to Hold Harmless, Waive And Release BodyStrong.Co, its officers, agents, employees, organizers, representatives and successors from any responsibility, liabilities, demands or claims of any kind arising out of my participation in BodyStrong.Co training, programs and/or events. By agreeing to these term I indicate that I/We have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.
RECOMMENDATIONS
I understand I am required to bring a towel to all classes for hygiene purposes. Those who don’t have a towel will be instructed to purchase one from reception counter.
We encourage all members to bring a water bottle to all classes. Especially those in our SWEAT hot infrared room. As temperatures are between 32-38 degrees, it is important to maintain hydration. We have a water facility or can purchase water at reception if required.
PREGNANCY
We advise you to chat with your doctor or obstetrician to help you decide what’s best for you and recommend obtaining a letter of clearance before commencing any classes.
I acknowledge that I will inform the instructor if I am pregnant before participating in any class. Our SWEAT classes are situated in in our infrared heated facility with temperatures ranges from 32-38 degrees, therefore we recommend avoiding these classes altogether while you are pregnant.
I acknowledge that I will inform the instructor if I am pregnant before participating in any class.
BREASTFEEDING
Seek medical advice regarding participating in a hot infrared studio.
PROPERTY
Any property I use during class (including but not limited to equipment I may be permitted to borrow from BodyStrong.Co) I will handle with care and return to BodyStrong.Co at the end of the class in the condition it was in at the commencement of class save for any fair wear and tear.
BodyStrong.Co does not assume responsibility for any lost or stolen personal property. If you do become the victim of a theft, I will immediately report it to an BodyStrong.Co staff member.
MY PHOTOGRAPH OR FOOTAGE
of me may be taken by staff or contractor employed by BodyStrong.Co from time to time. I consent to my image being used in any promotional and advertising material of BodyStrong.Co and I acknowledge that such images and footage may be used in online media, social media, print, newspaper, video and electronic means. I hereby release BodyStrong.Co and waive any rights and claims, present and future, to any fees or royalties or other benefits whatsoever for or in connection with the use of the images.
PRICING:
All prices quoted for goods and services include GST, unless otherwise specified.
BodyStrong.Co may, from time to time at its absolute discretion, vary its prices based on, amongst other things, any change in the cost of providing these goods and services to you, by providing prior written notice. Any changes to the prices will take effect from the date specified in the notice.
BOOKING A CLASS
The best way to attend your preferred classes is to book using our online booking system. This includes booking via our website, the MindBody website, or the BodyStrong.Co webite. Not only does this help us to ensure there is enough space in each class but also means everyone has the best experience possible!
Instead, you may like to attend the studio before the scheduled start time of any class, in the hope to join at the last minute. This is subject to availability, and at the discretion of the Instructor.
Classes can be booked up to four-weeks in advance via our online booking system, so feel free to plan ahead, remembering that payment is made at the time of booking. To book into a class you can either make a payment at the time of booking, use an active membership, or a class pack.
CLASS BOOKING LATE CANCELLATION + NO SHOW POLICIES
This policy applies across ALL classes in Sweat, Power & Recover studios.
If you have booked to attend a class and wish to cancel your attendance, you must seek cancellation through the online booking system up to 9 hours prior to the scheduled commencement time for the class. BodyStrong.Co will not accept cancellations by phone, e-mail or any other method other than by using the online booking system.
Any cancellations after the 9 hour mark will be considered a Late Cancel. If you do not cancel your class and you do not attend, you will be considered a No Show. This includes classes you are added into from the waitlist.
Clients with a casual pass or 10 class pass will result in the loss of one class for each Late Cancel and No Show.
Cancellation fees will be applied 48 hours after class.
By booking online you are agreeing to the late cancellation and no-show policy.
INTRODUCTORY OFFER
Any introductory offer made by BodyStrong.Co may only be purchased by new clients who have not yet attended the studio.
Introductory Offers will be valid for specified terms, usually expressed in days. The term of the Introductory Offer will commence on the date of your first visit, unless otherwise specified (such as Foundation or Launch Offers). Introductory Offers are subject to the Class Booking Late Cancellation + No Show policies.
No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason.
The Introductory Offer includes access to only the studio that you have purchased from.
FOUNDATION MEMBERSHIP
If the Foundation Membership is cancelled, you will no longer be eligible for the foundation membership rate. A new rate will apply, which is the regular membership rate.
10 CLASS PASS
All ten class passes expire in 3 months of the first class that you attend after your purchase of the pass.
No refunds, transfers, suspensions or extensions are offered on unused portions of the 10 Class Pass due to illness, injury, change of address or any other reason.
UNLIMITED WEEKLY AUTO PAYMEMBERSHIP
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
MINIMUM COMMITMENT PERIOD
The minimum term of the Weekly Auto Pay Unlimited Membership is 4-weeks, you may not cancel the Weekly Auto Pay Membership before that date for any reason.
The term of the Weekly Auto Pay Unlimited Membership commences on the date that you purchase the membership or such other date as agreed by BodyStrong.Co.
CANCELLATIONS
The membership will continue until you advise BodyStrong.Co via email to cancel the membership. 14 days notice is required to process the cancellation. To cancel your membership, please contact BodyStrog.co via: hello@bodystrongco.au
SUSPENSIONS
Weekly Auto Pay Memberships can be suspended for minimum 1 week and maximum of 4 weeks via email notice. Memberships can be suspended for maximum 4 weeks per year. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact Bodystrong.Co
WEEKLY MEMBERSHIP FEES
Membership fees will be charged to your nominated credit card or bank account on a weekly basis via MindBody Payments. It is your responsibility to ensure there are sufficient funds available to cover the weekly auto pay.
If an auto debit cannot be made for any reason, BodyStrong.Co may in its absolute discretion, process payment anytime after the due date upon receipt of sufficient monies in your account.
UPFRONT 12 MONTH UNLIMITED MEMBERSHIP
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
Memberships can be suspended for minimum 1 week and maximum 4 weeks via email notice. Please allow 72 hours to process membership suspensions. To suspend your membership, please contact your home studio here.
No refunds or transfers, are offered on unused portions of the 12 Month Membership due to illness, injury, change of address or any other reason unless otherwise agreed by BodyStrong.Co.
1 MONTH UNLIMITED MEMBERSHIP
The 1 Month Unlimited Membership is valid for 1 month and will expires 1 month after the first class that you attend after the purchase of your pass.
This membership allows you unlimited regularly scheduled classes, but excludes workshops or other special events.
No refunds, transfers, suspensions or extensions are offered on unused portions of the 1 Month Membership due to illness, injury, change of address or any other reason.
AGE LIMITS & CHILDREN
You must be at least 16 years old to become a member. If you are under 18, a parent or guardian must sign your membership agreement.
CHILDRENS AREA GUIDELINES FOR CHILDREN & THEIR PARENTS
At BodyStrong.Co we pride ourselves on building a strong community with family values. We believe in the power of setting a strong example of what health and happiness looks like and welcome members to bring their children into the gym should they not be able to find alternative arrangements for their care during the time they are spending at the gym.
We have a designated classes & kids area for children. This is unsupervised by our staff, so kids must be able to sit quietly and be self-entertained without the need for parent intervention for the entire class. Feel free to bring books, homework, puzzles, handheld gaming systems or tablets, or other quiet activities for your kids.
CHILDREN ON THE GYM FLOOR
Children are NOT allowed onto the gym floor during session times and are not permitted to play on gym equipment before or during a workout. Rowers, ropes, rings, jump ropes, etc. are all off limits to kids. It is simply a safety issue for children.
FOOD & DRINKS
To ensure we maintain our high standards of hygiene and cleanliness in the gym -no food is allowed in the gym. It is a sanitary issue that we keep the kids area clean. We are also aware that some member’s children have food allergies so it is imperative we ensure the kids area is safe for all kids. If they need a snack, please ensure they are fed before they arrive at the gym. Only drinks will be allowed in the kids area.
APPROPRIATE BEHAVIOR
Children are expected to behave appropriately. If a child is disrespectful, abusive to another child or destructive in any way it will be addressed both with the child and the parent.
DISRUPTIVE BEHAVIOR
If your child is being very loud or disruptive during a workout it is YOUR responsibility to take care of whatever the issue is. We understand kids will be kids, but if your child is constantly screaming or moving out of the kids area it is your responsibility to stop your workout and take care of your child.
As a matter of safety for both children and members -children are not permitted to run around the gym at any time during a session.
CLEANUP AFTER
It is your responsibility to see that your child has tidied up after themselves after playing in the kids area so that it is a nice, welcoming space for the next group that arrives.
We thank you in advance for your support in ensuring that BodyStrong.Co remains a safe and welcoming environment for all members and their families.
GENERAL HYDRO & SAUNA SAFETY RULES
LIABILITY:
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 BodyStrong.Co 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 us; and
— might reasonably be expected to achieve any result you have made known to us.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, BodyStrong.Co 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 part of BodyStrong.Co. “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.
You accept that your use of the facilities provided by BodyStrong.Co or at BodyStrong.Co studios is at your own risk and you acknowledge that the use of the facilities may involve risk or injury whether caused by you or another party. By accepting these Terms and Conditions you agree that BodyStrong.Co will not be liable for any personal injury suffered on or off our premises, or from using our facilities or equipment, unless due to the gross negligence of BodyStrong.Co.
Except as the Terms or the ACL specifically states, or as contained in any express warranty provided in relation to the goods or services, these Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
BodyStrong.Co staff are not health practitioners. You should obtain your own medical advice prior to participating in services where appropriate.
PRIVACY POLICY:
Your “personal information” (as defined by the Privacy Act 1988 (Cth)) will only be used by BodyStrong.Co or our direct debit provider GoCardless to provide you with the services covered by the Direct Debit Request or these Terms and Conditions. BodyStrong.Co will only disclose such information to third parties to the extent specifically required by law. You must not photograph or record BodyStrong.Co instructors or other clients in BodyStrong.Co studios without their express consent. You consent to BodyStrong.Co using your image in any promotional materials, including BodyStrong.Co social media platforms.
Force Majeure
BodyStrong.Co is not liable in any way whatsoever arising to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of Force Majeure occurs, BodyStrong.Co may suspend or terminate the Agreement by written notice to you.
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