TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS
Warning: This is an important document which affects your legal rights and obligations. Please read it carefully and do not agree to it unless you are satisfied you understand it.
For and in consideration of BEAUTIFUL BODIES SOCIETY granting me permission to attend and participate in fitness classes, courses or workshops whether online, or in person at the health club (class), and as a condition of entry, I HEREBY AGREE to the following terms and conditions.
Risk Warning, Acceptance of Risks, Release and Indemnity:
1. I am aware that participating in exercise contains elements of risk, both obvious and inherent, and that by participating in a class I will be exposed to such risks. The risks involved may result in property damage and/or personal injury including disease and death.
2. I fully appreciate the nature and extent of all risks involved and by participating in a class I freely, voluntarily and absolutely ACCEPT ALL RISKS howsoever arising out of or in relation to my participation in the class, whether caused by the negligence of BEAUTIFUL BODIES SOCIETY and the Associated Entities, or otherwise.
3. By entering a class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify BEAUTIFUL BODIES SOCIETY in writing of any change to my fitness and ability to participate.
4. To the full extent permitted by law, I agree to WAIVE all and any claim, right or cause of action which I or my heirs, successors, executors, administrators, agents and assigns might otherwise have against any one or more of BEAUTIFUL BODIES SOCIETY and the Associated Entities for or arising out of Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of BEAUTIFUL BODIES SOCIETY and the Associated Entities, or otherwise.
5. To the full extent permitted by law, I agree to RELEASE AND DISCHARGE BEAUTIFUL BODIES SOCIETY and the Associated Entities from all liability to me, my personal representatives, heirs and next of kin, for Death, Illness or Injury which I may suffer or sustain in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of BEAUTIFUL BODIES SOCIETY and the Associated Entities, or otherwise.
6. To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS BEAUTIFUL BODIES SOCIETY and the Associated Entities against all claims, demands, actions, suits, proceedings, damages, costs, losses, expenses or liabilities of any kind, including legal costs, that may be brought or made by any person for Death, Illness or Injury arising out of or as a consequence of my acts or omissions in the course of or consequential upon or incidental to my participation in a class, whether caused by the negligence of BEAUTIFUL BODIES SOCIETY and the Associated Entities, or otherwise.
7. I agree that the liability of BEAUTIFUL BODIES SOCIETY in relation to any recreational service (as defined in section 139A of the Competition and Consumer Act 2010 (Cth)) and any recreational activity (as defined in the Civil Liability Act 2002 (NSW)) for any:
7.2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
7.3. contraction, aggravation or acceleration of a disease; or
7.4. coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
7.4.1. that is or may be harmful or disadvantageous to the individual or community; or
7.4.2. that may result in harm or disadvantage to the individual or community,
that I may suffer (or a person on whose behalf I acquire the services may suffer) is EXCLUDED.
By accepting this agreement I acknowledge and agree that (a) the assumption of risk and warning above constitutes a “risk warning” in accordance with and for the purposes of the Civil Liability Act 2002 (NSW); and (b) I have been given notice that certain statutory rights and in particular guarantees under Commonwealth and/or State consumer laws have been excluded, restricted or modified by this Agreement including in particular in the manner set out above.
Medical Information and Treatment:
1. I understand that I should not participate in a class unless I have trained appropriately and a qualified medical practitioner has verified my medical and physical condition. I agree that I remain responsible for my own health care.
2. I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
3. I agree that in the event that I become ill or injured in the course of my attendance at or participation in a class, I will consent to receive any medical treatment, including without limitation physical examination, first aid, defibrillation and ambulance transportation that BEAUTIFUL BODIES SOCIETY or Associated Entities think desirable.
Personal Information and Publicity:
Safety and Insurance:
1. I acknowledge and agree that any safety precautions undertaken by BEAUTIFUL BODIES SOCIETY and Associated Entities are a service to me and not a guarantee of my safety.
2. I acknowledge and agree that any insurance cover affected for participants in a class may not cover me for any or all death, injury, loss or damage sustained by me.
1. I acknowledge that BEAUTIFUL BODIES SOCIETY may, in its absolute discretion, amend the prices for goods and services. Unless otherwise specified, all prices for goods and services are inclusive of GST.
Class Packs and Payment:
I understand that Studio Class Packs may be purchased as follows:
1. ’10 Class Pass’ - 10 Class Pass must be paid in full prior to attendance of first class. Pass expires 4 months after date of purchase and allows pass holder to book in to attend 10 classes.
2. ‘Weekly Subscription’ - Weekly Subscription passes will have the first weekly payment debited upon purchase of a pass. Thereafter, the Weekly Subscription fee will be debited every 7 days using my original payment method unless cancelled in accordance with the minimum membership period requirements. If my payment is dishonoured, I will be notified via email and will have 3 days to remedy the default. If no action is taken, a $10 dishonour fee will be charged per failed attempt to debit my account.
3. I acknowledge and agree that passes are not refundable, extendable, or transferrable unless otherwise agreed by BEAUTIFUL BODIES SOCIETY. Persons found sharing their passes may have their pass terminated or suspended by BEAUTIFUL BODIES SOCIETY.
I acknowledge and agree that:
1. BEAUTIFUL BODIES SOCIETY retains the right to refuse studio entry to any person at its sole discretion.
2. Any attendees under 18 years of age must have permission from a parent or guardian to participate.
3. I am required to follow all reasonable directions of BEAUTIFUL BODIES SOCIETY instructors and staff while at the studio.
In-Studio Class Booking Cancellation:
I acknowledge and agree that:
1. In-studio class bookings can be cancelled up to 8 hours prior to the scheduled commencement time of that class without the deduction of a class credit from my class pass or any cancellation fee.
2. If I elect to cancel a class less than 8 hours before the scheduled commencement time of that class or do not attend, the following will apply:
2.1. 10 Class Pass holders will have 1 class credit deducted and will be charged a $10 fee.
2.2. Cancellations must be made through the BEAUTIFUL BODIES SOCIETY App’s booking system.
Weekly Subscription Cancellation:
I acknowledge and agree that:
1. The minimum membership period for Weekly Subscription members is 16 weeks.
2. At any stage after the initial 16 week period, members may cancel their Weekly Subscription by providing 4 weeks’ notice in writing to email@example.com
3. At any stage after the initial 16 week period, members may suspend their Weekly Subscription for a maximum period of 2 weeks.
4. Members may suspend their Weekly Subscription no more than once in a 3 month period.
5. I agree that BEAUTIFUL BODIES SOCIETY may terminate my membership or pass without notice for illegal, offensive or inappropriate behaviour, as determined by BEAUTIFUL BODIES SOCIETY, which occurs on BEAUTIFUL BODIES SOCIETY premises or is directed at BEAUTIFUL BODIES SOCIETY staff, members or participants.
Basis of Agreement:
I agree that:
1. These Terms and Conditions apply exclusively to the provision of goods and services by BEAUTIFUL BODIES SOCIETY to me and cannot be replaced or varied without the written agreement of BEAUTIFUL BODIES SOCIETY.
2. BEAUTIFUL BODIES SOCIETY may vary or amend these Terms and Conditions at any time by written notice published on the website www.beautifulbodiessociety.com.au. Any amendment or variation will operate from the date specified in the written notice. If no date is specified, the amendment or variation will come into effect 4 weeks after the notice.
3. These Terms and Conditions shall be governed by and construed according to the law of SOUTH AUSTRALIA, Australia, and I submit to the non-exclusive jurisdiction of the courts of SOUTH AUSTRALIA, Australia.
Defined Terms and Interpretation:
In this agreement, unless the contrary intention appears or the context otherwise requires, these words have the following meanings:
1. Associated Entities means all persons, corporations and entities other than BEAUTIFUL BODIES SOCIETY that are in any way connected with organising, promoting, sponsoring, supporting, running or staging a class or receiving benefits from a class, and includes without limitation the officers, directors and employees of BEAUTIFUL BODIES SOCIETY or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
2. Death, Illness or Injury means (a) death; (b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (c) the contraction, aggravation or acceleration of a disease; (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (i) that is or may be harmful or disadvantageous to the individual or community; or (ii) that may result in harm or disadvantage to the individual or community.
3. Personal Information has the meaning given to that expression under the Privacy Act 1988 (Cth), and includes without limitation my name, email address, phone number, place of residence, occupation, age, height and weight.
4. In this agreement, unless the context otherwise requires, a reference to a person, corporation or entity includes a reference to its officers, directors, servants, employees, agents and representatives. To the extent that the obligations I have under this agreement are not directly enforceable by any person for whose benefit they have been given, I agree that any such obligation may be enforced by BEAUTIFUL BODIES SOCIETY on behalf of those persons.
1. Classes, memberships or class packs purchased are to be used within the specified timeframe. No freezes or suspensions will be available. Any missed classes or classes that have been unused during the expiry period cannot be refunded and will not roll over into another class pack.
2. All fees are non-refundable and non-transferable
3. A minimum of 2 people are required for a class to proceed. You will be contacted via text, phone or email should a class be cancelled. Please be aware classes are on a first come first serve basis.
4. Class timetables may be changed at any point in time at the discretion of BEAUTIFUL BODIES SOCIETY. BEAUTIFUL BODIES SOCIETY reserves the right to change and cancel teachers, events, classes, workshops without prior notice, and may introduce fees for late cancels or no shows at any time by providing 7 days' notice via email.
5. Bookings are essential in order to avoid disappointment, please check online or via the App that the classes are taking place, particularly in the late evening.
6. Bookings are made online or via the App. Payment must be made upon booking. To book into a class, you must have pre-purchased sessions on your account.
7. By proceeding with purchasing any classes from BEAUTIFUL BODIES SOCIETY you are advising that you agree to all Terms and Conditions above.
REFUND POLICY OF SHOP ITEMS
I acknowledge and agree that:
1. If I am not entirely satisfied with my purchase from the BEAUTIFUL BODIES SOCIETY website shop, I will contact firstname.lastname@example.org. BEAUTIFUL BODIES SOCIETY handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
2. Should I wish to return my order, I will notify BEAUTIFUL BODIES SOCIETY within 7 days of purchase with a valid reason for return.
3. If BEAUTIFUL BODIES SOCIETY are unable to resolve your complaint or further assist, we will process a refund upon timely receipt of the goods purchased.
4. Only unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that payment was made. All refunds are made at the discretion of BEAUTIFUL BODIES SOCIETY.
I acknowledge and agree that:
1. Physical goods may be delivered by Australia Post and/or other reputable courier companies. The cost of delivery for physical goods will be calculated at checkout based on your delivery address. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of BEAUTIFUL BODIES SOCIETY.
2. Digital goods are delivered immediately via our online platforms. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
3. Digital goods are subject to copyright laws, and remain the property of BEAUTIFUL BODIES SOCIETY, and must not be reproduced, shared, or used without the permission of BEAUTIFUL BODIES SOCIETY.
Pregnancy and Post natal -
If you are pregnant or post natal, before commencing in any exercise with Beautiful Bodies Society you need to confirm you are in good
good health, and that your physician, doctor and/or obstetrician is aware of my par-
ticipation in the fitness classes Beautiful Bodies Society .You need to keep Beautiful Bodies Society updated in change of health. Beautiful Bodies Society are not liable or responsible for injury, damage, loss or death.
Modifications of exercises for pregnancy and post natal are always given, any exercises during pregnancy or post natal needs to be given the all clear from physician, doctor and/or obstetrician before commencing any fitness classes at Beautiful Bodies Society.
Children and babies in gym -
Beautiful Bodies Society are not responsible for any children or babies in the Beautiful Bodies Society studio. Caregivers of children must keep close eyes on children and babies. Beautiful Bodies Society is not liable for loss, damage, harm, injury or death or any persons including children and babies. We do not offer a creche and if you wish to bring your children or babies to Beautiful Bodies Society classes you are doing so at your own risk.
For further information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please contact us by email using the details provided below: