Terms and Conditions
– Membership cancellations must be made at least 48hours before your next scheduled Direct Debit.
– Fees are non refundable.
– Payments are to be made in advance before your scheduled training week.
Terms & Conditions All Services:
“You” – means the registered member.
“We” or “Us” – means Better Shape Fitness Pty Ltd ACN 604 945 986.
- You warrant that you have disclosed all current medical and/or health conditions to us which may impact your ability to participate in any of our programs. You undertake that you will immediately inform us of any new medical and/or health conditions as they come to your attention.
- At our request, your membership may be suspended until such time that a medical practitioner has certified that you are able to participate in any of our programs. In such circumstances we will require written evidence from your treating medical practitioner.
- You warrant that you will not engage in any of our programs if you are suffering from an infection, contagious illness, or physical ailment.
- You warrant that you will only engage in our exercise programs in a safe manner subject to any professional medical and/or health advice which you may have received. You warrant that you will participate in our programs as directed by the trainer and you will not place yourself in a position where you may cause injury or serious harm to yourself or others.
- You acknowledge and agree that each program is a guide only and is not to be relied on as medical, nutritional or any other health related advice. Our programs are of a general nature only and we do not warrant or guarantee that our programs are fit for purpose or suitable for your own individual needs or requirements.
- You acknowledge that sometimes photographs and videos are recorded for marketing purposes and on some occasions, you may appear in the background of such media. In accepting these terms and conditions you allow us to use such media in promotional and other business-related material.
- You acknowledge and agree that you are participating in our programs freely, voluntarily and entirely at your own risk. You further acknowledge and agree that due to the nature of our programs available that we will not be liable for any personal injury, death, loss or damages from participating in or in connection to our programs.
- You acknowledge and agree that by accepting these terms and condition you agree to release us, our directors, our employees, and our agents from all liability and will indemnify and keep indemnified us from any claim or cause of action brought against us by you or an associated third party in connection with your own participation in our programs. This clause shall bind your heirs, executors, and personal legal representatives and will not merge on the termination of your membership.
- You acknowledge and agree that all information including but not limited to, written paraphernalia, images, colour schemes, logos, symbols, and program materials published by us, online or elsewhere, is our property. All proprietary rights including any future trademarks, patents, and all other intellectual property rights belong to us. We reserve our rights to seek a court order for the restraint and compensation for any misuse or duplication of any of our information without our prior knowledge or consent.
- We acknowledge and agree that we will take all reasonable steps to store all your personal data in a secure digital format. Our employees are obliged to respect the confidentiality of your personal or sensitive information. We will only permit authorised personnel to access your personal data unless where required to do so by law. We may also use the information for marketing to you or for any other purpose permitted under the Privacy Act 1988 (Cth).
- This agreement is governed by the law of New South Wales.
- If any of the clauses contained herein are deemed to be invalid or unenforceable under any statute or rule of law, then such clauses are expressly amended to reflect the original intention of such clause as permitted by law and all other clauses shall remain unchanged and in full effect.
- You may not assign or transfer your rights and obligations pursuant to these terms and conditions. We may assign or rights and obligations pursuant to these terms and conditions by providing you with thirty (30) days written notice.
- You acknowledge and agree that by accepting these terms and conditions that you have had an opportunity to seek your own advice and have either obtained such advice or elected not to receive such advice.