Terms & Conditions
BODY HOLIDAY PARTICIPATION AGREEMENT
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 Body Holiday Pty. Ltd. granting me permission to attend and participate in a Body Hoiday Group class, course or workshop whether online or at a Body Holiday event (Class) and as a condition of entry, I HEREBY AGREE to the following terms and conditions:
Risk Warning, Acceptance of Risks, Release and Indemnity
- 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.
- 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 Body Holiday and the Associated Entities, or otherwise.
- By entering a Class I vouch that have no known medical conditions which would preclude me from participating. I will immediately notify Body Holiday in writing of any change to by fitness and ability to participate.
- 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 Body Holiday 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 Body Holiday and the Associated Entities, or otherwise.
- To the full extent permitted by law, I agree to RELEASE AND DISCHARGE Body Holiday 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 Body Holiday and the Associated Entities, or otherwise.
- To the full extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS Body Holiday 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 Body Holiday and the Associated Entities, or otherwise.
- I agree that the liability of Body Holiday 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:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
- contraction, aggravation or acceleration of a disease; or
- 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
- 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
- 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.
- I undertake to stop exercising immediately if I experience faintness, dizziness, pain or shortness of breath at any time.
- 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 Body Holiday or Associated Entities think desirable.
Personal Information and Publicity
- I agree that Body Holiday and Associated Entities may collect, store and use my Personal Information in accordance with the Body Holiday’s privacy policy.
Safety and Insurance
- I acknowledge and agree that any safety precautions undertaken by Body Holiday and Associated Entities are a service to me and not a guarantee of my safety.
- 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.
Membership
- Members of Body Holiday may not share, give or sell their login details or password to any other person or entity.
- Body Holiday ’s online content is not directed to persons under eighteen (18) years of age and by providing information about yourself to Body Holiday you are representing that you are eighteen (18) years of age or older.
Cancellation Policy
- Your Body Holiday subscription will continue until terminated. Unless you cancel your subscription before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method.
Paid monthly – 3 month minimum subscription
- You can cancel your Body Holiday 3 month minimum subscription once your 3 month contracted term has been met. Once cancelled, you will continue to have access to the Body Holiday service through to the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial subscription periods or unused Body Holiday content. To cancel, go to the “user” icon on the top right of the navigation and select “subscriptions”, click “cancel” and then follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
12 months upfront – Annual subscription
- You can cancel your Body Holiday annual subscription at any time. Once cancelled, you will continue to have access to the Body Holiday service through to the end of 12 months from the last upfront annual payment date. To the extent permitted by the applicable law, payments are non-refundTo cancel, go to the “user” icon on the top right of the navigation and select “subscriptions”, click “cancel” and then follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
Terms
The Body Holiday website (hereinafter referred to as the “Website”) is designed to provide you with high quality video of fitness classes, strength and stretch routines, foundational moves, information about fitness and bringing together a community of people that are interested in Pilates, Workouts, Travel and Retreats. This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Body Holiday Pty Ltd.
Safety Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as weights, ball, band or any other equipment that may be suggested by a Body Holiday teacher, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Body Holiday is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, exercises, moves and instruction are not required to be performed by you and are carried out at your election while viewingBody Holiday videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Body Holiday, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Body Holiday, or any person or entity involved with Body Holiday, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
When participating in Body Holiday ensure you always:
- Check that you have sufficient space to practice
- Check there are no trip/slip hazards
- Check there are no objects you may fall on or come in contact with
- Check there are no sharp objects or hot surfaces near by
- Ensure you have sufficient lighting
- Ensure your camera/screen and other electrical appliances, including cables, are on a levelled surface and not in your training space causing a trip hazard
- Ensure the room has sufficient ventilation
- Ensure you have water to keep hydrated
- Remember to seek medical advice before training if you have any existing injuries or other medical conditions
- Remember that children require adult supervision whilst practicing
- Ensure all household members are aware of the training and avoid entering the space
- Limitation on Liability
In no event shall Body Holiday, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorised access to or use of Body Holiday secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Body Holiday is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Body Holiday shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Body Holiday or any of its employees. Body Holiday is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Body Holiday warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose. No communication of any kind between you and Body Holiday or a representative of Body Holiday’s shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use. Body Holiday reserves the right to remove any material posted on the Website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the website.
