TERMS & CONDITIONS

Rossfit Website Terms and Conditions of use

Rossfit Pty Ltd (ACN 628 547 820) is the owner and operator of this website. By doing any of the following acts you agree to be bound by these terms and conditions:
• expressly accepting these terms and conditions at any time, for example by clicking “I Accept” or “Proceed” or any clearly indicated activation phrase on your computer or other device;
• downloading any of our digital applications (App) or any upgrade to an App offered from time to time; or
• using the website.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website and any Apps, including our Privacy Policy.

These terms and conditions govern the use of all aspects of this website and all Apps so it is important that you read these terms and conditions carefully.

Terminology
In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Rossfit Pty Ltd (ACN 628 547 820) and its affiliates.
Variation of terms and conditions
We may amend, modify or otherwise update these terms at any time and we must use our reasonable efforts to notify you of those changes. We may give such notice by posting updated terms on the website and using our reasonable efforts to draw them to your attention. Your continued use of the website and/or any App constitutes an agreement by you that you accept these terms and any subsequent modification of these terms.
Your rights under law
Your use of the website and the Apps will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated. Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Linked websites
1. This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
2. We are not responsible for the content or privacy practices associated with linked websites.
3. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we explicitly specify otherwise.
Information and features available on the website
1. All tools, features and information provided by us are provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website.
2. The website does not purport to provide you with financial product or investment advice of any kind. The information available on the website does not take account of your particular financial or insurance requirements or circumstances. We recommend that you seek independent advice prior to acting on any information available via the website.
Disclaimer
1. Subject to clauses 6.2 and 7, we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
  a. if the breach relates to goods:
  i. the replacement of the goods or the supply of equivalent goods;
  ii. the repair of such goods;
  iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  iv. the payment of the cost of having the goods repaired; and
  b. if the breach relates to services:
  i. the supplying of the services again; or
  ii. the payment of the cost of having the services supplied again.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner.
Specific warnings
1. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
2. We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
2. commercialise any information, products or services obtained from any part of this website;
  without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Trade marks
1. Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
  a. in or as the whole or part of your own trade marks;
  b. in connection with activities, products or services which are not ours;
  c. in a manner which may be confusing, misleading or deceptive;
  d. in a manner that disparages us or our information, products or services (including this website).
  e. 10.3. You must seek permission to use third party trade marks directly from the owner(s) of those trade marks.
Restricted use
1. Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bona fide personal use.
2. You agree that you will not (either yourself or via a third party):
  a. use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;
  b. use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
  c. use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
  d. use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
  e. take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;
  f. reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or
  g. copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Indemnity
You must indemnify us, our employees, agents and contractors against any claim by a third party arising out of:
1. your breach of these terms and conditions;
2. your use of the links to third party websites or material on those websites; or
3. your use of the material on our website or obtained via our Apps.
Termination of access
Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination.
Governing law
1. These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
2. You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in Victoria, Australia in accordance with the laws in force in Victoria, Australia (except any principle of conflict of laws inconsistent with this requirement).
3. This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
General
1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

Rossfit Terms and Conditions of Provision of Health and Fitness Services

Rossfit Pty Ltd (ACN 628 547 820) is the owner and operator of this website. By doing any of the following acts you agree to be bound by these terms and conditions:

Terminology
The following words have the following meanings throughout these terms and conditions:
1. Fee: the dollar amount quoted for the product and/or service provided by Rossfit Pty Ltd
2. Gym: any facility, outdoor training space, home gym, home training setting or other location where Rossfit services are conducted or received
3. Membership: your membership with Rossfit Pty Ltd (and Member has a corresponding meaning)
4. Client: a client of Rossfit Pty Ltd.
5. Notice: means any notice in writing, given in person, by email, facsimile or post to the parties’ last known or last notified address or contact details.
6. Plan: any training, dietary or other plan we may develop for or with you.
7. Session or Class: any scheduled appointment you attend serviced by us, including but not limited to 1on1 coaching, semi-private, group class, seminar, workshop, webinar, nutrition consultation or assessment
8. Privacy Policy: our Privacy Policy, as amended from time to time in our discretion.
9. Term: the agreed upon length of an ongoing service delivered by us to the Member or Client.
10. Us, we, our: Rossfit Pty Ltd (ACN 628 547 820), including its employees, affiliates and contractors
Application
1. Completing the Physical Activity Readiness Questionnaire (PAR-Q) Form to become a Client or Member and agreeing to be bound by these terms and conditions does not entitle you to become a Client or Member. The conditions in clause 5 will apply and we will have ultimate unfettered discretion as to whether you become or remain a Client or Member.
2. By signing the PAR-Q and agreeing to these terms and conditions, you acknowledge that payments made to us and services received from us are a sole arrangement between you and Rossfit Pty Ltd.
Payment
1. You must pay all fees associated with services and/or goods received from us, including the Fee, when the Fee falls due throughout the entire Term.
2. We will endeavor to contact you to inform you of any overdue payments however, it remains your responsibility to ensure that any direct debits are able to be made from your nominated account or credit card.
3. Where any payment is dishonoured, a dishonour fee must be paid by you as outlined in the direct debit terms and conditions, separate to these terms and conditions. This is a fee imposed by the direct debit company, not us.
4. If there are multiple failures to meet your payment obligations under these terms and conditions, but without prejudicing our right to recover any overdue payments, your services may be suspended or terminated by us by notice to you.
5. Where any payment due to us is not paid in full and by the due date, we may deny you your services in our discretion.
6. All costs and disbursements incurred by us in recovering payment or in protecting or enforcing our rights under this document, including legal costs and disbursements are payable by you on the indemnity basis.
Attending, rescheduling, cancelling and missing scheduled sessions
1. It is a condition of training that you will arrive on time for each scheduled session as sessions will finish within the allocated time regardless of late arrival. You are expected to bring a towel, drink bottle and appropriate clothing and footwear to each session.
2. You are able to reschedule a session to another time, as long as at least 24 hours notice is given to us. If less than 24 hours notice is given to reschedule a session, it is up to our discretion if we approve the reschedule or if you will forfeit the session and any fees paid for that service.
Physical condition
1. It is a condition of becoming a client or member of ours that you, prior to receiving services by us, may be required to complete and pass a physical assessment to our satisfaction. The purpose of the physical assessment is to assist us to assess your individual needs, assist us to identify exercises suitable to your needs, develop a Plan and to aid in injury minimization.
2. If you have any health or medical concerns now or after you join as a Client or Member, you must discuss them with your doctor before applying to become a client or implementing any Plan.
3. It is your responsibility not to use any equipment or to undertake (or refrain from undertaking) any activity which may adversely affect or exacerbate any medical condition of yours.
4. You hereby warrant that, to the best of your knowledge, you do not have any physical, medical or other disability or condition which may be adversely affected or aggravated by, or which may result in any sickness, injury (or aggravation to any sickness or injury) or death to you as a result of receiving training from us or the implementation of any Plan. You must inform us if that changes during the course of your time as a Client or Member.
5. You acknowledge that we do not provide medical advice and if you have any concerns in relation to your health at the start of your Membership or during your Membership that you will consult a qualified medical professional. We may be able to introduce you to such professionals however, we offer no warranty in relation to their services.
6. We reserve the right to restrict, suspend or terminate your Membership if we are of the opinion that you are unfit to utilise the Gym or parts of it or to receive any of our services. If your Membership is restricted or suspended for this reason, your Membership will not be reinstated until you provide us with a medical certificate confirming that you are fit to train or if you undertake a further physical assessment, at our election.
Termination
1. You may terminate your relationship with us as a Client or Member at any time subject to clause 6(4)
2. We may terminate your Membership if:
  a. we have concern for your health and/or safety;
  b. you do not comply with these terms and conditions or if you fail to promptly follow any reasonable direction we may give;
  c. you fail to make any payments of your Fees or any other amount/s due to us;
  d. we reasonably suspect that you are engaging in illegal activity in the Gym or any other location where we operate;
  e. you engage in improper or harmful conduct or conduct that is or could reasonably be detrimental to other clients or members of ours; or
  f. we so determine in our absolute discretion.
3. Termination shall be without prejudice to the accrued rights of each party.
4. On termination by you, you will be required to pay to us the Fees that would otherwise have been payable by you for the duration of the Term without deduction or set-off.
5. On termination by us, you will be required to pay to us the Fees for services up until the date of termination, without deduction or set-off.
Risk warning and acknowledgment
You acknowledge and agree that:
1. Whilst you are being instructed by us, either in the Gym, or any other location and whilst you are implementing any Plan, you are at risk of suffering physical harm or personal injury (including but not limited to broken bones, soft tissue injury, joint and cartilage damage, total and permanent disability and death) which can result from:
  a. slipping on wet floors;
  b. tripping on stairs or over personal items
  c. being struck by objects;
  d. colliding with equipment or other Clients or Members;
  e. engaging in strenuous exercise or other activities;
  f. incorrect use of equipment; or
  g. any number of other things.
1. Any such injury or death may result from your actions, omissions or negligence and/or from the actions, omissions or negligence of others;
2. Whilst we will attempt to ensure that the Gym and other locations and activities undertaken at the Gym and other locations or in relation to implementing any Plan are safe, there are some significant and inherent risks involved;
  1. You are participating in any activities with us and in relation to any Plan voluntarily at your own risk and responsibility, thereby exposing yourself to certain risks; and
3. You must act reasonably and take all steps reasonably available to you to protect your own interests, including managing all safety risks associated with the operation of the fitness equipment, implementing any Plan and promptly following any reasonable direction our staff may give.
No warranties
1. We do not provide any warranties in relation to any of our services or the results or outcome of utilizing our services, attending the Gym or implementing any Plan. The results or outcome are almost entirely in your hands as to the amount of training and dedication you put in to your own performance, your maintaining a healthy lifestyle and eating habits and knowledge of your own body and its strengths and weaknesses.
Release and indemnity
1. Any advice, recommendation, information, assistance or service given by us (including any Plan) is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty as to accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss, cost, damage, liability or expense suffered (whether directly or indirectly) from reliance on such advice, recommendation, information, assistance or service. You agree to rely on your own judgment in making decisions concerning your health and wellbeing, your use of equipment in the Gym and the appropriateness of any Plan we may develop for or with you.
2. You have no right or cause of action against us or our officers, employees contractors and agents and you release and indemnify us and our officers, employees contractors and agents from any loss, cost, damage, liability or expense, including indirect, consequential and special losses (including but not limited to loss of use, enjoyment, reputation, income or profit), and against all actions, suits, claims and demands against us in relation to the services we provide, any injury or death related to or resulting from your use of or attendance at the Gym and the implementation of any Plan.
3. We do not provide any warranties in relation to the gym or exercise equipment manufactured by third parties. Where any damage or injury results from any defect in relation to such gym or exercise equipment, you agree to pursue the manufacturer and/or supplier in relation to any claim rather than us.
Privacy
By signing the PAR-Q and accepting the Privacy Policy you agree to the conditions laid out in our Privacy Policy.

Notices
You must immediately notify us of any change in your name, address or other contact details. In the absence of such notification, the last address and any contact information we hold in our records is deemed to be your relevant address or way to contact or send notices to you for all purposes including but not limited to service in legal proceedings.

Severance
If a provision in this document is void, illegal or unenforceable, it must be varied to give effect to the intention of these terms and conditions or severed without affecting the enforceability of the other provisions.